B (A Child), Re [2009] EWCA Civ 1243 (26 October 2009)

B (A Child), Re [2009] EWCA Civ 1243 (26 October 2009)

The refusal to adjourn the trial was a plain error because it denied the intervener, a severely disabled party, a fair opportunity to participate and instruct counsel, thus violating the right to a fair trial. The need for a level playing field and effective participation outweighed the inconvenience or delay to other parties.

Citation
[2009] EWCA Civ 1243
Parties
Appellant, Intervener: Mr M; First Respondent, Local Authority: Oxfordshire County Council; Second Respondent, Mother: Mother of B; Third Respondent, Father: Father of B; Fourth Respondent, Child (by Children's Guardian): B (A Child)
Jurisdiction
England and Wales
Judgment Date
26 October 2009
Procedural Posture
Appeal (civil) / Application for Permission to Appeal and Substantive Appeal Against Refusal to Adjourn Trial
Outcome
Appeal allowed; application for permission granted
Legal Topics
Adjournment of Trial, Right to Fair Trial, Case Management, Participation of Parties With Disabilities, Care Proceedings
Family Law Civil Procedure Adjournment of Trial Right to Fair Trial Case Management Participation of Parties With Disabilities Care Proceedings

Case Brief

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Parties

Mr M

Appellant, Intervener

Oxfordshire County Council

First Respondent, Local Authority

Mother of B

Second Respondent, Mother

Father of B

Third Respondent, Father

B (A Child)

Fourth Respondent, Child (by Children's Guardian)

Procedural Posture

Appeal (civil) / Application for Permission to Appeal and Substantive Appeal Against Refusal to Adjourn Trial

Legal Issues

  1. 1 Whether refusal to adjourn the trial denied the intervener a fair trial
  2. 2 Whether the judge erred in balancing the interests of the parties when refusing the adjournment

Ratio Decidendi

The refusal to adjourn the trial was a plain error because it denied the intervener, a severely disabled party, a fair opportunity to participate and instruct counsel, thus violating the right to a fair trial. The need for a level playing field and effective participation outweighed the inconvenience or delay to other parties.

Court Disposition

Appeal allowed; application for permission granted

Orders

  • Trial before HHJ Corrie adjourned until Thursday morning at the judge’s direction (default 10am)
  • Mother’s side to have adequate opportunity to prepare