RB, R (On the Application Of) v The Family Court At Cardiff & Ors

RB, R (On the Application Of) v The Family Court At Cardiff & Ors

The application disclosed no arguable case of jurisdictional error or procedural irregularity amounting to a denial of a fair hearing; the applicant had received a full and fair hearing before both DJ Regan and HHJ Parry, and the refusal to admit Dr Mirza's report was a proper exercise of discretion.

Parties
Claimant: RB; Defendants: The Family Court at Cardiff and Ors
Jurisdiction
England and Wales
Judgment Date
06 March 2019
Procedural Posture
Judicial Review / Renewed Application for Permission to Seek Judicial Review
Outcome
Application refused
Legal Topics
Permission to Appeal, Admission of Expert Evidence, Procedural Fairness, Jurisdictional Error
Family Law Judicial Review Permission to Appeal Admission of Expert Evidence Procedural Fairness Jurisdictional Error

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 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

RB

Claimant

The Family Court at Cardiff and Ors

Defendants

Procedural Posture

Judicial Review / Renewed Application for Permission to Seek Judicial Review

Legal Issues

  1. 1 Whether refusal to admit Dr Mirza's report amounted to procedural irregularity or denial of fair hearing
  2. 2 Whether the application for judicial review disclosed an arguable case of jurisdictional error or procedural unfairness

Ratio Decidendi

The application disclosed no arguable case of jurisdictional error or procedural irregularity amounting to a denial of a fair hearing; the applicant had received a full and fair hearing before both DJ Regan and HHJ Parry, and the refusal to admit Dr Mirza's report was a proper exercise of discretion.

Court Disposition

Application refused

Orders

  • No order as to costs