header-logo header-logo

09 December 2016
Issue: 7726 / Categories: Case law , Law digest , In Court
printer mail-detail

Family

Re W (A child) [2016] EWCA Civ 1140, [2016] All ER (D) 159 (Nov)

The Court of Appeal allowed an appeal by a local authority and two professionals (SW and PO) in respect of their complaint relating to the judge’s finding that SW and PO, together with others had been involved in a joint enterprise to obtain evidence to prove the sexual abuse allegations, irrespective of the relevant professional guidelines. The court held that SW and PO were “parties” to the proceedings, having achieved “intervenor” status and that the Court of Appeal had jurisdiction to entertain their appeals on the basis that they each asserted that the judge had acted in such a way so as to amount to a breach of their rights under Arts 6 and/or 8 of the European Convention on Human Rights. The court further held that there had been a wholesale failure to achieve a fair trial in relation to the matters that the judge went on to find proved against them, which ]were outside the parameters of the issues in the case. Accordingly, the court held that the judgment would be redacted accordingly.

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll