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13 January 2011
Issue: 7448 / Categories: Case law , Law reports
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Family proceedings—Orders in family proceedings—Parental responsibility order and contact order

Principal Reporter v K and others [2010] UKSC 56, [2010] All ER (D) 192 (Dec)

Family proceedings—Orders in family proceedings—Parental responsibility order and contact order

Principal Reporter v K and others [2010] UKSC 56, [2010] All ER (D) 192 (Dec)

Supreme Court, Lord Hope DP, Lord Rodger, Lady Hale, Lord Kerr and Sir John Dyson SCJ, 15 Dec 2010

The operation of s 93(2)(b) of the Children (Scotland) Act 1995 (CSA 1995) in defining persons entitled to participate in a children’s hearing is not compatible with Art 8 of the European Convention on Human Rights (the Convention).

Janys Scott QC and Alison Stirling (instructed by Drummond Miller WS) for K. Morag Wise QC and Lynda Brabender (instructed by Biggart Baillie LLP) for the Principal Reporter. Rosemary Guinnane and David Sheldon (instructed by Aitken Nairn WS) for JR. David Johnston QC and Roddy Dunlop QC (instructed by the Scottish Government Legal Directorate) for the first minuter. Marie Helen Clark (instructed by HBM Sayers) for the second minuter.

K and JR had a daughter, L. Their relationship broke down around late

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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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