header-logo header-logo

11 March 2020 / David Burrows
Issue: 7878 / Categories: Features , Family
printer mail-detail

Lady Hale: a judge & her law (Pt 2)

17347
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll