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LLB (HONS) ENGLISH LEGAL SYSTEM &
ENGLISH LEGAL SYSTEM
Tuesday 16 August
Submission: via Turnitin
(excluding the questions)
Payne and Payne  EWCA Civ 16
and using this
nswer the following
Your answers must be based on this case extract only.
court of first instance, who
was the judge
What were the parties seeking from
the court at first instance
hat was the outcome
at first instance
were the Court of Appeal judges and when did they hear the
According to Lord Justice Thorpe
what two propositions have governed
relocation cases over the past 3 decades
What important authority relied on by the court of first instance was
challenged by the appellant? (
What issues did the appellant raise in respect of the European
Convention on Human Rights? Did the Court of Appeal agree and what
d European cases were cited in support?
LLB (HONS) ENGLISH LEGAL SYSTEM &
What does Lord Justice Thorpe believe is the most crucial assessment
and finding for a judge in a relocation case and why?
What guidelines for relocation cases did Lord Justice Thorpe set out?
from the below, which are
the material facts in
and which are not
The claimant worked in Kuala Lumpar for 6 months during the
The respondent had an intense dislike of life in L
An application can be made under the Hague Convention in
relation to any child wrongfully removed from the country in which
they are habitually resident.
The claimant’s contact with the child went exceptionally well.
Which of the following is/ar
e the ratio decidendi of the case? If you think
is part of the ratio decidendi
explain why. If you think a
statement is not part of the ratio decidendi explain why.
The mother’s family support network was in Auckland, New Zealand.
The welfare of the child is the paramount consideration.
The opportunity for continuing contact between the child and the
parent left behind may be very significant.
What was the decision in the Court of Appeal
Omar and Roccio divorced 1 y
ear ago, shortly after the birth of their third
child and Roccio was granted a residence order in respect of the
children. When the parties divorced they had to move out of the family
home due to financial pressures. Roccio moved to a rented two bedroom
lat with the parties’ three children (aged 1, 3 and 16) in a less expensive
area of the city and Omar moved back in with his parents who live at
least an hour away by car. Although the parties have an acrimonious
relationship, Omar sees the children every
other weekend and one
evening during the week. Omar has gathered from their oldest child that
Roccio is struggling to cope and has been feeling lonely and depressed
for some months.
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