header-logo header-logo

18 October 2013 / David Burrows
Issue: 7580 / Categories: Features , Family
printer mail-detail

Taking care

istock_000004854491medium

David Burrows reviews the bases for appeal in care proceedings

The Supreme Court has recently looked at the bases for considering whether an appeal should be allowed in care proceedings. In so doing they have looked at the meaning of “wrong” where a decision may be said to be “more than to exercise a discretion”; and at the extent to which an appellate court should reconsider the decision below where it engages an issue concerning the European Convention on Human Rights (the Convention), in this case Art 8 (right to respect for family and private life).

The basis on which an appeal is allowed in civil proceedings is by the Civil Procedure Rules 1998 (CPR 1998) r 52.11(3): “(3) The appeal court will allow an appeal where the decision of the lower court was—(a) wrong; or (b) unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

The hearing of any appeal is a review of the decision from a lower court, unless the court considers that the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll