header-logo header-logo

30 May 2014
Issue: 7608 / Categories: Case law , Law digest , In Court
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll