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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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