B (A Child), Re

B (A Child), Re

The judge erred in refusing the adjournment because the right to a fair trial for the intervener, who was severely disadvantaged and only recently joined, was not sufficiently considered. The harm to the intervener could not be remedied later if he was not given a proper opportunity to participate.

Parties
Appellant/intervener: Mr M; First Respondent/local Authority: Oxfordshire County Council; Second Respondent: Mother; Third Respondent: Father; Fourth Respondent/child (by Guardian): B (A Child)
Jurisdiction
England and Wales
Judgment Date
26 October 2009
Procedural Posture
Civil Appeal (care Proceedings) / Application for Permission to Appeal and Substantive Appeal
Outcome
Appeal allowed; application granted
Legal Topics
Adjournment, Fair Trial, Case Management, Participation of Disabled Parties
Family Law Civil Procedure Adjournment Fair Trial Case Management Participation of Disabled Parties

Case Brief

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Parties

Mr M

Appellant/intervener

Oxfordshire County Council

First Respondent/local Authority

Mother

Second Respondent

Father

Third Respondent

B (A Child)

Fourth Respondent/child (by Guardian)

Procedural Posture

Civil Appeal (care Proceedings) / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether refusal to adjourn proceedings to allow the intervener (Mr M) adequate time to prepare constituted a denial of fair trial
  2. 2 Whether the judge erred in balancing the interests of the parties in refusing the adjournment

Ratio Decidendi

The judge erred in refusing the adjournment because the right to a fair trial for the intervener, who was severely disadvantaged and only recently joined, was not sufficiently considered. The harm to the intervener could not be remedied later if he was not given a proper opportunity to participate.

Court Disposition

Appeal allowed; application granted

Orders

  • Trial before HHJ Corrie adjourned until Thursday morning at the judge's direction or 10:00 a.m. in absence of direction