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THE HONOURABLE MR JUSTICE PETER JACKSON Sitting at the Royal Courts of Justice ____________________
Hassan Khan (instructed by Dawson Cornwell) for the Applicant Paul Hepher (instructed by Jones Myers) for the Respondent Hearing dates: 25 May 2016 Judgment date: 26 May 2016 ____________________
(1) The court should be extremely circumspect in exercising powers on the basis of nationality alone, but all must depend upon the circumstances of the particular case: Re A , Baroness Hale at [65].
(2) The need for caution has three main reasons: avoiding a conflict of jurisdictions; avoiding a conflict of decisions; and avoiding the making of unenforceable orders: Re B , Baroness Hale and Lord Toulson at [59].
(3) However, the exercise of the inherent jurisdiction is not confined to extreme cases: Re B , Baroness Hale and Lord Toulson at [60].
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Common Room
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