D (Appeal : Failure of Case Management)

D (Appeal : Failure of Case Management)

The appeal succeeded due to chronic failure of judicial case management, improper handling of cross-examination, inadequate reasons, and inappropriate delegation of questioning to the child’s solicitor. The judge failed to appreciate her powers under PD12J and did not manage the hearing efficiently or fairly.

Parties
Appellant Mother: H; Respondent Father: D; Respondent Child: The Child
Jurisdiction
England and Wales
Judgment Date
24 July 2017
Procedural Posture
Appeal Family Law / Judgment on Appeal From Case Management Decision
Outcome
Appeal allowed. Matter remitted for hearing afresh by a different judge.
Legal Topics
Case Management, Cross Examination by Alleged Abusers, Domestic Violence, Child Contact, Judicial Procedure
Family Law Child Welfare Case Management Cross Examination by Alleged Abusers Domestic Violence Child Contact Judicial Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

H

Appellant Mother

D

Respondent Father

The Child

Respondent Child

Procedural Posture

Appeal Family Law / Judgment on Appeal From Case Management Decision

Legal Issues

  1. 1 Whether direct cross-examination of the mother by the father should be allowed
  2. 2 Failure of judicial case management
  3. 3 Appropriateness of delegating cross-examination to the child's solicitor

Ratio Decidendi

The appeal succeeded due to chronic failure of judicial case management, improper handling of cross-examination, inadequate reasons, and inappropriate delegation of questioning to the child’s solicitor. The judge failed to appreciate her powers under PD12J and did not manage the hearing efficiently or fairly.

Court Disposition

Appeal allowed. Matter remitted for hearing afresh by a different judge.

Orders

  • Proceedings to be heard afresh by HH Judge Newton over five days in early September.
  • Mother’s evidence in chief already received to be extracted from transcripts and made available to the new judge.