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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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

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The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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