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11 March 2020 / David Burrows
Issue: 7878 / Categories: Features , Family
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Lady Hale: a judge & her law (Pt 2)

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David Burrows marks Lady Hale’s involvement in the development & introduction of the Children Act
  • Lady Hale, especially in her career in the Supreme Court, has done what she can to recognise children’s rights in litigation about them.

Brenda Hale’s greatest achievement as a law reformer is the part she played in developing the ideas behind, and then the legislative achievement of, the Children Act 1989. The extent to which the Act has developed the courts’ duties of listening to children has been disappointing (see ‘Happy anniversary?’ 169 NLJ 7866, p9). That is less the fault of the statutory scheme than of the family courts by which it has been operated. No fault attaches to Mrs Justice, then Lady Justice, and now Lady Hale. Her part in the jurisprudence arising from children’s rights and the Act, which has paralleled her judicial career—she was appointed a High Court judge in 1994—is reviewed in this article.

The 1980s was rich in extra-statutory child law reform pioneered

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MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
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Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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