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23 June 2017
Issue: 7751 / Categories: Case law , Law digest , In Court
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Judge meets the child

Q What is the current judicial policy concerning the judge on a Children Act 1989 application seeing the child in person? If that happens, to what extent is the judge compelled to report to the parties on the outcome of the meeting and should the child be told that there is to be full disclosure, if that is to happen?

A The courts follow the detailed Guidelines for Judges Meeting Children issued by the Family Justice Council in 2010. Whether to meet the child is in the discretion of the judge having regard to the purpose of the meeting, the stage of the proceedings and the arrangements which can be made, though where a child expresses a wish to see the judge (particularly in a public law case) then the judge would ordinarily agree. The purpose is not to obtain evidence but to enable the child to gain an understanding of what is going on and to be reassured that they have been understood by the judge. Any meeting should be in the presence

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Cripps—Radius Law

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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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