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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

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
Digital informality meets hard-edged costs law. In this week's NLJ, David Bailey-Vella, chair of the Association of Costs Lawyers and legal director at Pogust Goodhead, examines MacInnes v DWF Law LLP, in which the Senior Courts Costs Office held that if a firm bills for WhatsApp work, those messages form part of the ‘file’—even if stored on personal devices
The NHS’s safety watchdog may itself need watching. Writing in NLJ this week, John F Mayberry, criminal barrister at 2DRJ, and Affifa Farrukh, consultant physician, examine the sweeping powers granted to the Health Services Safety Investigation Body under the Health and Care Act 2022
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