header-logo header-logo

04 March 2016 / David Burrows
Issue: 7689 / Categories: Features , Family
printer mail-detail

In safe hands?

001_nlj_7689_burrows

David Burrows explores how courts strive to balance the search for justice with protecting vulnerable witnesses

While a response is awaited from the Family Procedure Rules Committee on a variety of recommendations on how the family courts might improve the lot of vulnerable witnesses and children, judges have been gradually improving the law to recognise the rights and needs of victims of abuse and child witnesses. The decisions considered here will improve the position of some vulnerable individuals in family proceedings. Meanwhile rule-makers still fail to act on the Report of the Vulnerable Witnesses & Children Working Group, February 2015. Draft amendment rules were published in August 2015, many of whose provisions already exist for children in criminal proceedings following the introduction of Youth Justice and Criminal Evidence Act 1999.

Evidence in family proceedings

In Re S (Children) [2016] EWCA Civ 83, [2016] All ER (D) 148 (Feb) the Court of Appeal looked at whether a child, K, who had alleged serious sexual abuse by her brother, B, since she was six, should

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
back-to-top-scroll