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19 February 2009 / David Williams
Issue: 7357 / Categories: Features , Divorce , Child law , Family
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Evolution or revolution?

David Williams charts the changing approach to the representation of children in Hague Convention cases

The demand for separate representation for children in Hague Convention proceedings has seen significant activity in the last three years with the subject receiving consideration twice in the House of Lords and three times in the Court of Appeal, most recently in Re C [2008] EWHC 517 (Fam), [2009] 1 FCR 194.

The seminal authority was for many years the decision of Mr Justice Wall in Re S (Abduction: Children: Separate Representation) [1997] 1 FLR 486. On the back of this decision separate representation for children was rare indeed over the next 10 years. When children were represented it took a variety of forms from Children and Family Court Advisory Support Service Legal (now CAFCASS High Court Team) to children instructing solicitors directly. Hague cases were seemingly insulated against the sea-change occurring in private law. Th e end of the beginning came in July 2006 when the Court of Appeal heard Re H [2006] EWCA Civ 1247,

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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