The misfortune of being straightforward? The impact of Re W on children giving evidence in care proceedings [2010] CFLQ 499

In Re W (Children) (Abuse: Oral Evidence) the Supreme Court removed the presumption against children being called to give live evidence in care proceedings. This commentary argues that, whilst in the majority of cases this ruling may make little practical difference to the outcome of decisions whether to call a child to give evidence, the judgment may have wider implications for increased use of special measures directions in family proceedings and for the family courts' engagement with the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950.