Edward Lamb is appearing in the Court of Appeal on 4 May 2023

The appeal concerns fundamental questions concerning the international protection of children and on what basis jurisdiction is established in England and Wales. The key issues to be determined are:

1. at what point is habitual residence determined under the 1996 Hague Convention;
2. whether the common law position of jurisdiction based on presence alone is sufficient to find a primary jurisdiction and,
3. whether the 1996 Hague Convention applies as between a Contracting and Non-Contracting state in relation to jurisdiction.  

The appeal arises out of the Judgment of Macdonald J London Borough of Hackney v P & Ors [2022] EWHC 1981 (Fam). Edward is being led by Mark Twomey KC and is instructed by Asma Zbidi of Hackney Legal Services. The appeal will be lived streamed at 10.30am on 4 May 2023 under case number CA.2023.000216.