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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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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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