Re W (children) (permission to appeal) [2007] EWCA Civ 786
The function of the Court of Appeal on an application for permission to appeal in a residence and contact case is limited to a review of the decision of the judge to see whether a prospective appellant has an arguable case that the judge’s order was plainly wrong:
(i) Did the judge arguably make any error of law in reaching his conclusion?
(ii) Was there, arguably, insufficient material on which the judge could properly make the findings of fact and the assessments of the witness which he did make?
(iii) Is it arguable that the order he made was not properly open to him in the exercise of his judicial discretion?
(iv) Is there, arguably, any error in the exercise of that discretion which enables the Court of Appeal to say that his order was, arguably, plainly wrong?
