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04 March 2016 / David Burrows
Issue: 7689 / Categories: Features , Family
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In safe hands?

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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

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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