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LORD JUSTICE McFARLANE LORD JUSTICE JACKSON LORD JUSTICE VOS ____________________
DAR Transcript of the Stenograph Notes of WordWave International Limited A Merrill Communications Company 165 Fleet Street London EC4A 2DY Tel No: 020 7404 1400 Fax No: 020 7404 1424 (Official Shorthand Writers to the Court)
Mr P Hepher (instructed by Freemans) appeared on behalf of the Appellant Father Ms E Beer (instructed by Bretherton) appeared on behalf of the Appellant Mother Ms F Choudhury (instructed by Herts County Council) appeared on behalf of the Local Authority Mr J Foster (instructed by Duncan Lewis) appeared on behalf of the Children's Guardian ____________________
Later in the judgment, the judge returns to the same point and effectively once again repeats that he finds this to be "an elusive concept."
For all the reasons that I have now given, my conclusion is the appeals are both to be allowed.
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Common Room
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