W (A Child), Re [2001] EWCA Civ 2013 (20 December 2001)

W (A Child), Re [2001] EWCA Civ 2013 (20 December 2001)

The application for permission to appeal was dismissed as the issue was academic (the order had already been complied with), and the penal notice was attached to an order too vague to be enforceable, but the appeal was pointless as the order had served its purpose. The costs order, though harsh, was within the discretion of the lower court and not a basis for appellate interference.

Citation
[2001] EWCA Civ 2013
Parties
Applicant/father: Mr W; Respondent/mother: Mother (unnamed)
Jurisdiction
England and Wales
Judgment Date
20 December 2001
Procedural Posture
Family Law Appeal / Application for Permission to Appeal From County Court Order
Outcome
Applications for permission to appeal and stay of execution dismissed.
Legal Topics
Child Contact, Penal Notice, Costs, Enforceability of Orders
Family Law Child Contact Penal Notice Costs Enforceability of Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr W

Applicant/father

Mother (unnamed)

Respondent/mother

Procedural Posture

Family Law Appeal / Application for Permission to Appeal From County Court Order

Legal Issues

  1. 1 Whether the penal notice attached to the contact order was appropriate and enforceable
  2. 2 Whether the order for costs against the father was justified

Ratio Decidendi

The application for permission to appeal was dismissed as the issue was academic (the order had already been complied with), and the penal notice was attached to an order too vague to be enforceable, but the appeal was pointless as the order had served its purpose. The costs order, though harsh, was within the discretion of the lower court and not a basis for appellate interference.

Court Disposition

Applications for permission to appeal and stay of execution dismissed.

Orders

  • Application for permission to appeal dismissed.
  • Application for stay of execution dismissed.