The Weekly Law Reports
[2017] 1 WLR 2415
Court of Appeal
*In re W (A Child) (Care Proceedings: Non Party Appeal)
[2016] EWCA Civ 1140
2015 Nov 10,
11,
12;
2016 June 16;
Nov 17
2016 June 16;
Nov 17
Sir James Munby P, McFarlane, Christopher Clarke LJJ
Court of Appeal (Civil Division)— Jurisdiction— Appeal by witness— Judge giving fact-finding judgment in care proceedings— Judgment containing adverse extraneous findings against witnesses without prior warning— Whether witnesses entitled to appeal— Whether appeal possible where no challenge to judge’s order—
Senior Courts Act 1981 (c 54), ss 16, 151[1]
—
County Courts Act 1984 (c 28), ss 77, 147(1)[2]
—
Matrimonial and Family Proceedings Act 1984 (c 42), s 31K (as inserted by Crime and Courts Act 2013 (c 22), s 17, Sch 10)[3]
—
Human Rights Act 1998 (c 42), ss 3(1), 6(1), 7, 8, 9, Sch 1, Pt I, arts 6, 8[4]
—
CPR
r 52.1(3)(d)
[5]
—
FPR
r 12.3(3)(4)
[6]
Family Court— Practice— Judgment— Judge giving fact-finding judgment in care proceedings— Judgment containing adverse extraneous findings against witnesses without prior warning— Whether unfair procedure in breach of Convention rights— Whether findings to be set aside—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6, 8