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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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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