header-logo header-logo

04 March 2016 / David Burrows
Issue: 7689 / Categories: Features , Family
printer mail-detail

In safe hands?

001_nlj_7689_burrows

David Burrows explores how courts strive to balance the search for justice with protecting vulnerable witnesses

While a response is awaited from the Family Procedure Rules Committee on a variety of recommendations on how the family courts might improve the lot of vulnerable witnesses and children, judges have been gradually improving the law to recognise the rights and needs of victims of abuse and child witnesses. The decisions considered here will improve the position of some vulnerable individuals in family proceedings. Meanwhile rule-makers still fail to act on the Report of the Vulnerable Witnesses & Children Working Group, February 2015. Draft amendment rules were published in August 2015, many of whose provisions already exist for children in criminal proceedings following the introduction of Youth Justice and Criminal Evidence Act 1999.

Evidence in family proceedings

In Re S (Children) [2016] EWCA Civ 83, [2016] All ER (D) 148 (Feb) the Court of Appeal looked at whether a child, K, who had alleged serious sexual abuse by her brother, B, since she was six, should

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: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
back-to-top-scroll