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28 April 2017 / David Burrows
Issue: 7743 / Categories: Features , Child law , Family
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Child’s play (Pt 1)

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In the first article in a series of three, David Burrows examines the role which a child can play in children proceedings

  • Can a child take, or participate in, proceedings which concern his or her future?
  • How can a child make his or her own application to the court in children proceedings?
  • What does the court take into consideration if the child’s ability to conduct proceedings is in question?

In Mabon v Mabon [2005] EWCA Civ 634, [2005] Fam 366, Wall LJ stressed the need to approach questions as to a child’s involvement in court proceedings from the ‘child’s perspective’ not that of the adults involved (eg judge, parties, legal representatives). This series of three articles:

  • considers the part children can play in English family proceedings;
  • contrasts their rights in EU law; and
  • looks at the way in which in any proceedings a child’s understanding of the issues involved in the case is material to the court’s decision.

This article considers what rights a child may have to participate in court children

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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