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 interests of justice require a re-hearing (CPR 1998, r 52.11(1)).
The
