On appeal from: [2010] EWCA 57

Considers the principles which should guide the exercise of the Court’s discretion in deciding whether to order a child to attend or give evidence in family proceedings. Held, allowing the appeal; the existing law erects a presumption against a child giving evidence which must be rebutted by anyone seeking to put questions to the child. That could not be reconciled with the approach of the ECtHR. Striking the balance between competing Convention rights in care proceedings may well mean that the child will not be called to give evidence in the great majority of cases, but that is “a result and not a presumption or even a starting point.”

For judgment, please download: [2010] UKSC 12
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