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11 November 2011 / Dorothea Gartland
Issue: 7489 / Categories: Features , Child law , Family
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The public arena

Dorothea Gartland examines recent developments surrounding public law for children

Three recent Court of Appeal cases are of relevance to the lawyer practising in the area of public law for children. The first concerns legal professional privilege and the second and third cases involve the court’s jurisdiction to make injunctions.

Legal professional privilege

The case of Re D (A Child) [2011] EWCA Civ 684, [2011] 4 All ER 434 concerned a fact-finding hearing in care proceedings where a child had suffered several fractures. At the outset of proceedings, neither parent said they were culpable for the injuries and neither parent blamed the other for causing the injuries. The judge was facing the task of finding the material facts relating to the child’s injuries and trying to identify the perpetrator of those injuries.

A month before the fact-finding hearing the mother attended court and obtained an ex parte injunction against the father, alleging violence and threats by the father against her. The mother filed a statement at the same time, providing a different

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NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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