header-logo header-logo

17 June 2016 / David Burrows
Issue: 7703 / Categories: Features , Child law , Family
printer mail-detail

Child benefit

nlj_7703_burrows

When does the common law listen to the child, asks David Burrows

  • Can children’s evidence in family proceedings be dealt with in a way analogous with such evidence in criminal proceedings?

  • Are special measures for child evidence available in children proceedings?

  • How does the law balance fairness to alleged abusers with the welfare of child witnesses?

In Richardson v Richardson [2011] EWCA Civ 79, [2011] All ER (D) 86 (Feb) Lord Justice Munby (now Sir James Munby, President of the Family Division) reminded everyone (at para [53]) that “the Family Division is part of the High Court. It is not some legal Alsatia where the common law and equity do not apply. The rules of agency [in that particular case] apply there as much as elsewhere….” And so it is, surely, with the application of rules about children’s evidence?

This article asks: do common law rules apply in family proceedings in the same way as they do, for example, for children’s evidence in criminal proceedings? And, if so, does a family

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll