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24 July 2015 / Hazel Wright
Issue: 7662 / Categories: Features , Family
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A new landscape

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What is the family court for, asks Hazel Wright

The role of the state in its regulation of private family life should be questioned regularly and rigorously. Article 8 of the Human Rights Act 1998 (bringing the provisions of the European Convention on Human Rights into force clearly in English law) provides:

  1. “Everyone has the right for his private and family life, his home and his correspondence.
  2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

There is clearly a role for the state in protection of children and other vulnerable people, and that will always be a priority for the English family courts. For children, this is most often found in the exercise of court powers in relation to care

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Gateley Legal—Jack Kelly

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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