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A new landscape

24 July 2015 / Hazel Wright
Issue: 7662 / Categories: Features , Family
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What is the family court for, asks Hazel Wright

The role of the state in its regulation of private family life should be questioned regularly and rigorously. Article 8 of the Human Rights Act 1998 (bringing the provisions of the European Convention on Human Rights into force clearly in English law) provides:

  1. “Everyone has the right for his private and family life, his home and his correspondence.
  2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

There is clearly a role for the state in protection of children and other vulnerable people, and that will always be a priority for the English family courts. For children, this is most often found

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Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
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Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
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