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24 November 2023 / David Burrows
Issue: 8050 / Categories: Features , Family , In Court
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A stitch in time in the family courts (Pt 2)

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David Burrows on why the law must not discriminate against children involved in Pt 2 proceedings
  • A statutory presumption: that court delay is prejudicial to a child’s welfare.
  • Welfare is not divisible: ‘delay’ & listing children cases.
  • What does Children Act 1989, s 1(2) mean?

Take four propositions of law in relation to children proceedings under Children Act 1989 (CA 1989). The first is that, under the heading, ‘Welfare of the child’, CA 1989, s 1(2) says: ‘In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.’ Section 1(1)(a) explains this: that if a court is dealing with ‘the upbringing of a child… the child’s welfare shall be the court’s paramount consideration’. This provision applies to any child where any proceedings (CA 1989, Pts 2 or 4) are taken in respect of that child.

Second, under the heading the ‘Period within which application

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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