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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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