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08 January 2020 / David Burrows
Issue: 7869 / Categories: Features , Family
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Lady Hale: a judge & her law

David Burrows shares his reflections on some of the many outstanding cases & achievements of ‘Judge Brenda’*
  • A look through a small selection of Lady Hale’s cases shows the breadth of her development of UK jurisprudence.
  • Children law from an author of the Children Act 1989 is important; but so too is a range of her other achievements across—especially— administrative law and welfare benefits.

None of my cases before Lady Hale had much to do with children, but that is the area where her deep understanding of the law will be most felt when she steps down as president of the Supreme Court this month. However, after her involvement with R (on the application of Miller) v The Prime Minister [2019] UKSC 41 (24 September 2019) I was truly astonished at the breadth of her scholarship and decision-making; so here, for the record, are my notes of an idiosyncratic best bunch of Lady Hale’s House of Lords/Supreme Court cases.

In R (Kehoe) v Secretary of State for Work and Pensions [2005] UKHL 48, [2006] 1 AC

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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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