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09 November 2012 / Jonathan Herring
Issue: 7537 / Categories: Features , Child law , Family
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Welfare warfare

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Jonathan Herring discusses the nature of child welfare

The Court of Appeal judgment in Re G (Children) [2012] EWCA Civ 1233, [2012] All ER (D) 50 (Oct) is a tour de force. It provides an analysis of the welfare principle of considerable erudition. Aristotle, Orthodox Judaism and notions of 21st century parenting are all covered.

The case involved five children of an ultra-orthodox Jewish family. The parents had separated and disagreed over whom the children should live with and their religious education.

The nature of welfare

It is surprising that the notions of welfare and best interests have been little analysed by the courts. What is beneficial for someone, or what makes for a good life, can be controversial. Looking around your friends, you will probably quickly spot a range of ways people seek to pursue their vision of the good life. Whether it is seeking riches, achievement, virtue or love; we all have our goals we strive for. Yet which of these, or more realistically what combinations of these, should

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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