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Children's Best Interest meaning

What does Children's Best Interest mean?
children’s best interests is the practical principle that decisions affecting a child should prioritise the child’s welfare, safety, development and rights. It stems from Article 3 UNCRC (“a primary consideration”) and is embedded across UK and Irish law. England & Wales and Northern Ireland: in family proceedings the child’s welfare is the court’s paramount consideration (Children Act 1989; Children (Northern Ireland) Order 1995), applied via statutory welfare checklists. Scotland: under the Children (Scotland) Act 1995, a child’s welfare is paramount when making orders about parental responsibilities and rights, with weight given to the child’s views. Ireland: Article 42A of the Constitution and the Guardianship of Infants Act 1964 (as amended, including the Child and Family Relationships Act 2015) make the child’s best interests paramount and set out relevant factors. Beyond family law, the principle informs public law, care and adoption, education and healthcare, and immigration/asylum, where best interests must be treated at least as a primary consideration. Data protection: the UK GDPR and EU GDPR do not define “best interests”, but the ico’s Age Appropriate Design Code (Children’s Code) requires controllers to treat the child’s best interests as a primary consideration when processing children’s personal data; the Irish DPC’s “Fundamentals” adopt the...
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NEWS
UK Private Client weekly briefing: election analysis, trusts (CGT), SDLT, Court of Protection, tax avoidance, Scotland succession reforms and practice updates—4 July 2024

In this issue: General election 2024 Trusts Court of Protection UK taxes for Private Client Tax avoidance, evasion and non-compliance Scotland, Wales and Northern Ireland Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&As Useful information General election 2024 General Election 2024—parliamentary process, wash-up and manifesto pledges This News Analysis brings together coverage of the 2024 General Election by practice area. It includes commentary from practice area specialists, Practical Guidance materials, news, analysis and journal articles. For further information, see News Analysis: General Election 2024—parliamentary process, wash-up and manifesto pledges. Trusts Constructive trust and transfer for CGT purposes (Morgan v Revenue and Customs Commissioners) The FTT examined a dispute about whether a constructive trust arose over a property so that a disposal occurred...

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NEWS
Private Client weekly round-up: probate and trust disputes, LPAs and Court of Protection, HMRC manuals and CRS 2.0 updates, IHT/CGT developments, pensions—13 November 2025

In this issue: Probate Trusts Powers of attorney and advance decisions Court of Protection Elderly and vulnerable clients UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Contentious trusts and estates Pensions, insurance and tax efficient investments International Question of the week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Useful information Probate Testamentary capacity, undue influence, and a missing Will (Burgess v Whittle) This ruling considers core probate dispute themes: testamentary capacity, undue influence, and a lost original. The High Court validated a 2014 Will excluding one child, dismissing challenges on capacity, knowledge and approval, and coercion. Three principles were reiterated: (1) a condition impacting capacity does not, by itself, invalidate a Will—there must be proof of incapacity at execution; (2) undue influence must be precisely pleaded and backed...

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NEWS
Private Client weekly update: wills, Court of Protection, HMRC guidance, Autumn Budget 2024, tax disputes, trusts and estates, charity law, pensions IHT consultation, partnership and insolvency cases, international succession

In this issue: Wills Court of Protection UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Budgets and Finance Bills Family businesses and ownership structures Insolvency—Private Client Charity and philanthropy Contentious trusts and estates Pensions, insurance and tax efficient investments International Additional Private Client updates this week Question of the week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Useful information Wills Will set aside for lack of testamentary capacity and undue influence (Oliver v Oliver) William Oliver passed away on 25 May 2018, aged 86. A widower, he was survived by five children. His youngest daughter, Jane, sought to have his 2015 will overturned on the bases that: (a) execution failed to meet the formal requirements under section 9 of the Wills Act 1837; (b) he lacked...

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PRACTICE NOTES
Article 8 ECHR in UK immigration: practical guidance on private and family life, entry clearance, proportionality, sections 117B–117C factors, children’s best interests and mixed claims

Article 8 of the European Convention on Human Rights 1950 (ECHR)—given effect in domestic law by section 1 of the Human Rights Act 1998 (HRA 1998)—guarantees respect for private and family life. Immigration practitioners must recognise when a client may invoke Article 8 and evaluate the likely prospects of success. This Practice Note sets out the principal practical considerations for immigration practitioners advancing arguments under Article 8 ECHR, including what Article 8 covers and protects, the applicable standard of proof, and how Article 8 is applied to different kinds of application, such as to entry clearance applications, or claims that involve children. This Practice Note does not address pre-2012 Article 8 claims; however, case law that predates the 2012 rules is identified and referred to where it remains relevant and continues to have continuing significance...

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PRACTICE NOTES
Children’s personal data under UK GDPR: compliance, lawful bases, DPIAs, ISS and the Children’s Code, marketing, PECR, data sharing, rights, safeguarding and exemptions, with DUAA 2025 developments

STOP PRESS: On 19 June 2025, the Data (Use and Access) Bill obtained Royal Assent, thereby becoming the Data (Use and Access) Act 2025 (DUAA 2025), and it took effect in part on that day. A number of DUAA 2025 provisions, addressing matters such as handling data subject access requests and granting powers to make further regulations, commenced immediately on 19 June 2025. Other elements, including requirements around notices issued by the Information Commissioner and certain facets of law enforcement processing, did not start until 19 August 2025, being two months from the date of Royal Assent. The bulk of DUAA 2025, however, will only commence once regulations, in the form of statutory instruments, are made to bring provisions into force. Parts 5 and 6 of DUAA 2025 introduce amendments to aspects of data protection and ePrivacy law in the UK, including the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations...

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PRACTICE NOTES
2018 appellate civil litigation: Supreme Court, Court of Appeal, Privy Council and CJEU key cases on jurisdiction, contracts, tort, privilege, injunctions, costs and enforcement

ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note compiles principal appellate cases (ie rulings of the Court of Appeal and the Supreme Court and, where applicable, selected judgments of the Court of Justice of the EU (CJEU)) that we have covered, to make it simpler for users to locate those decisions. You can navigate the material via the collapsible table of contents on the left-hand margin and/or by using the hyperlinks listed below. The cases are arranged under these headings: Key DR Developments Brexit Applicable law Rome I Jurisdiction Jurisdiction and choice of court agreements Stays and disputing the court’s jurisdiction Brussels I (EC regulation) Brussels I (recast) (EU regulation) Service Service in the jurisdiction Service...

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