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11 March 2010 / David Burrows
Issue: 7408 / Categories: Features , Child law , Family
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An unhappy witness?

Should children be asked to give evidence in family proceedings? David Burrows investigates

In W (Children) [2010] UKSC 12, Lady Hale considers the factors for consideration by a judge when the court is called upon to exercise a discretion as to whether a child may be called to give evidence. This judgment continues a run of decisions by her in which she defines evidential and case management principles around children in family proceedings. A decision from relatively early in her judicial career —Re B (Children Act Proceedings) (Issue Estoppel) [1997] 1 FLR 285, [1997] 2 All ER 29—recently had the dubious accolade of being cited by the Upper Tribunal ([2009] UKUT Chadwick LJ as senior president and Upper Tribunal Judge Jacob) as providing a criterion for deciding whether issue estoppel applied as between matrimonial ancillary relief proceedings and child support First-tier Tribunal proceedings. (Answer: to a limited degree only.) In the ground-breaking judgment she re-evaluated and enunciated modern principles on which burden and standard of proof should be regarded in family proceedings.

Her background for so doing comes pre-eminently from a period at the

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Gateley Legal—Jack Kelly

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NEWS
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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Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
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
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