L (A Child) [2013] EWCA Civ 267 (01 February 2013)

L (A Child) [2013] EWCA Civ 267 (01 February 2013)

Fresh medical evidence established the appellant was unfit to represent himself due to a Paranoid Personality Disorder. Had this been available to the judge, the refusal to adjourn would have been a breach of Article 6 ECHR. The appeal was allowed and the matter remitted for retrial.

Citation
[2013] EWCA Civ 267
Parties
Appellant Father: Mr LL; Respondent Mother: Ms L's mother
Jurisdiction
England and Wales
Judgment Date
01 February 2013
Procedural Posture
Family Law Appeal / Appeal From Basingstoke County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Contact Orders, Section 91(14) Children Act 1989, Right to Fair Trial, Legal Representation, Article 6 ECHR
Family Law Human Rights Contact Orders Section 91(14) Children Act 1989 Right to Fair Trial Legal Representation Article 6 ECHR

Case Brief

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Parties

Mr LL

Appellant Father

Ms L's mother

Respondent Mother

Procedural Posture

Family Law Appeal / Appeal From Basingstoke County Court to Court of Appeal

Legal Issues

  1. 1 Whether refusal to adjourn proceedings after withdrawal of legal representation breached the appellant's right to a fair trial under Article 6 ECHR
  2. 2 Whether the judge erred in refusing an adjournment given the appellant's mental health condition
  3. 3 Appropriateness of imposing a section 91(14) order

Ratio Decidendi

Fresh medical evidence established the appellant was unfit to represent himself due to a Paranoid Personality Disorder. Had this been available to the judge, the refusal to adjourn would have been a breach of Article 6 ECHR. The appeal was allowed and the matter remitted for retrial.

Court Disposition

Appeal allowed

Orders

  • Appellant's application remitted for retrial de novo before a different judge
  • Section 91(14) order set aside pending retrial