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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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