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Bloomsburry Family law

Professional negligence

Re G (Children) [2003] EWCA Civ 1607

Conflict of Laws - Foreign contact order under 1980 European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children - Divorce granted in France - Access to children - Judge granted application by mother to move with children to UK - Judge granted variation of order on father's request - Father sought enforcement of French court order - French court order given ‘on the occasion of’ matrimonial proceedings relating to parental responsibility for children of both spouses within Council Regulation 1347/2000 - Regulation took precedence over 1980 European Convention - Present proceedings were nullity

Direct Travel Insurance v McGeown [2003] EWCA Civ 1606

Personal Injury - Single trip holiday insurance policy - Claimant had accident on holiday - Claim under policy for permanent physical disability which prevented insured from doing any paid work or from doing all his or her usual activities - Judge wrong to hold that claimant could recover under insurance where her disability prevented her from carrying out at least one of those activities

Sinclair Roche & Temperley (a firm) v Somatra Ltd [2003] EWCA Civ 1474

Negligence - Shipping Law - Insurance - Breaches of duty caused fundamental loss of trust and confidence in solicitors to conduct case properly and in accordance with clients’ reasonable wishes - Settling claim for less than its true worth foreseeable and reasonable response to breaches of duty - Solicitors had failed to show that trial judge wrong to find that their breaches of duty had caused their client to loose trust and confidence in them - Solicitors liable in damages for difference between settlement achieved and 75% settlement which would have been achieved

R (G) v B London Borough; R (W) v Lambeth LB; R (A) v Lambeth LB [2003] UKHL 57

Judicial Review - Human Rights - Claimants contended that Children Act 1989, s 17 required local authority to assess needs of child who was in need and met his needs when they had been assessed - Section 17(1) imposed general and overriding duty to maintain level and range of services sufficient to enable local authority to discharge its function under Part III of 1989 Act

Chappell v Somers & Blake (a firm) [2003] EWHC 1644 (Ch)

Professional Conduct - Solicitors - Claimant appointed as sole executrix - Claimant instructed defendant to act on her behalf in administration of deceased’s estate - Claimant contended that defendant did nothing - Claimant entitled to claim damages for negligence from defendant even though loss suffered by beneficiary of will - At time of loss property vested with claimant