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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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
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