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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll