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Family Law

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Court of Protection Practice and Procedure Conference 2016

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16 MAR 2005

INJUNCTIONS: Moat House Group-South Ltd v Harris [2005] EWCA Civ 287

(16 March 2005; Brooke, Judge and Dyson LJJ; Court of Appeal) [2005] 2 FLR 551

The more intrusive an interim order without notice, the more the court would require proof that it was necessary; and it was hard to envisage a more intrusive order than one which required a mother and her four young children to vacate their home immediately. When attaching a power of arrest to an anti-social behaviour injunction, the court might guide itself by principles similar to those in Family Law Act 1996, s 47(3).

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