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THE RIGHT HONOURABLE LORD JUSTICE THORPE and THE RIGHT HONOURABLE LORD JUSTICE ETHERTON ____________________
Mr Henry Setright QC and Edward Devereux instructed by Bindmans LLP for the appellant Mother David Williams for the Respondent father Mr Roger McCarthy QC and Deirdre Fottrell instructed by Creighton & Partners for Westminster City Council Richard Tambling instructed by Salford City Council Legal Services for Salford City Council Hearing date: Friday 21st May 2010 ____________________
That concession flowed from the judgment of Singer J in the reported case of Re: C (Abduction: Interim directions: Accommodation by local authority) [2004] 1 FLR 653 .
In a subsequent report of May 2009, following investigation in the interim, K's diagnosis was autism. Amongst the recommendations were:
These reports had been exhibited to the mother's recent statement setting out the defence to the abduction application. Mr Setright speculated that had it been available to Mostyn J he would have reached a difference conclusion. That must be speculation since we were told that K was in court and behaving disruptively on both the 21 st and 28 th April. Further in paragraph 2 of his judgment, Mostyn J recorded:
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