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Seven Bedford Row

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Anita Guha succeeds before Court of Appeal on Hague Convention child abduction matter

Anita Guha, instructed by Kingsley Knapley, acted for the appellant in the case of Re O (Abduction: Settlement) [2011] EWCA Civ 128. The Court of Appeal allowed the appeal on the ground that the court of first instance erred in law in the manner in which it exercised its discretion regarding whether or not to order a summary return, in circumstances where the court had made a finding that the children were settled in this jurisdiction within the meaning of Article 12 of the Hague Convention. The Court of Appeal was persuaded to exercise its discretion afresh and made a final order in the appellant's favour refusing to make an order for summary return of the children to the USA.