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24 November 2023 / David Burrows
Issue: 8050 / Categories: Features , Family , In Court
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A stitch in time in the family courts (Pt 2)

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David Burrows on why the law must not discriminate against children involved in Pt 2 proceedings
  • A statutory presumption: that court delay is prejudicial to a child’s welfare.
  • Welfare is not divisible: ‘delay’ & listing children cases.
  • What does Children Act 1989, s 1(2) mean?

Take four propositions of law in relation to children proceedings under Children Act 1989 (CA 1989). The first is that, under the heading, ‘Welfare of the child’, CA 1989, s 1(2) says: ‘In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.’ Section 1(1)(a) explains this: that if a court is dealing with ‘the upbringing of a child… the child’s welfare shall be the court’s paramount consideration’. This provision applies to any child where any proceedings (CA 1989, Pts 2 or 4) are taken in respect of that child.

Second,

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Forbes Solicitors—Stephen Barnfield

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Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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