News

Supreme Court rules on correct approach to Neulinger and Shuruk v Switzerland

Posted: 15 Jun 2011

Fellows will be pleased to hear that their worst fears concerning the impact of the International Court of Human Rights Grand Chamber decision in Neulinger and Shuruk v Switzerland have been definitively and decisively laid to rest - at least so far as Hague Abduction cases seeking return from England and Wales are concerned - by last week's decision of the Supreme Court.

The joint judgment of Lady Hale and the very recently elevated Lord Wilson is an easy read, and informative about our approach to this Convention (and others). I believe a single judgment jointly produced (and explicitly so) of this sort may be a first in the Supreme Court and perhaps any of our courts?

The case is cited as E (Children) [2011] UKSC 84, and can be read and downloaded in Word format from www.bailii.org/uk/cases/UKSC/2011/27.htm. Both the judgment and the accompanying Supreme Court Press Summary (explanatory of but not part of the reasons for the decision) are available in .pdf format at https://www.supremecourt.uk/cases/uksc-2011-0084.html.

 


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