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30 May 2014
Issue: 7608 / Categories: Case law , Law digest , In Court
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Family proceedings

Re B (a child) (care proceedings: appellate judge’s power to remake decision) [2014] EWCA Civ 565, [2014] All ER (D) 88 (May)

On an appellate review, the judge’s first task was to identify the error of fact, value judgment or law sufficient to permit the appellate court to interfere. There was always a value judgment to be performed which was the comparative welfare analysis and the proportionality evaluation of the interference that the proposed order represented and accordingly there was a review to be undertaken about whether that judgment was right or wrong. Armed with the error identified, the judge then had a discretionary decision to make whether to re-make the decision complained of or remit the proceedings for a re-hearing. The judge had the power to fill gaps in the reasoning of the first court and give additional reasons in the same way that was permitted to an appeal court when a respondent’s notice had been filed. In the exercise of its discretion, the court had to keep firmly in mind the procedural protections provided by

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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