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16 August 2007
Issue: 7286 / Categories: Case law , Law digest
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FAMILY LAW

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?

Issue: 7286 / Categories: Case law , Law digest
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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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