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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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