A v G

A v G

The application for permission to appeal was refused because Wilson J's decision to grant only a short adjournment was a proper exercise of discretion on the evidence before him. The medical evidence did not demonstrate that Mr A was unable to attend or prepare for the hearing. The subsequent opportunity to present arguments was sufficient to satisfy the requirements of a fair hearing. The appeal against Wilson J's order had no reasonable prospect of success.

Parties
Appellant: A; Respondent: G
Jurisdiction
England and Wales
Judgment Date
14 July 2005
Procedural Posture
Civil Appeal (family Law) / Renewed Application for Permission to Appeal (court of Appeal)
Outcome
Permission to appeal refused
Legal Topics
Adjournment of Hearings, Right to Fair Hearing, Discretion of the Court, Appeals Procedure, Children Act 1989 Schedule 1 Applications
Family Law Civil Procedure Adjournment of Hearings Right to Fair Hearing Discretion of the Court Appeals Procedure Children Act 1989 Schedule 1 Applications

Case Brief

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Parties

A

Appellant

G

Respondent

Procedural Posture

Civil Appeal (family Law) / Renewed Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether Wilson J erred in refusing a longer adjournment of the appeal hearing due to the appellant's alleged medical incapacity
  2. 2 Whether the refusal to adjourn breached the appellant's right to a fair hearing under Article 6 ECHR
  3. 3 Whether the appeal against Wilson J's order was academic after subsequent hearings and orders

Ratio Decidendi

The application for permission to appeal was refused because Wilson J's decision to grant only a short adjournment was a proper exercise of discretion on the evidence before him. The medical evidence did not demonstrate that Mr A was unable to attend or prepare for the hearing. The subsequent opportunity to present arguments was sufficient to satisfy the requirements of a fair hearing. The appeal against Wilson J's order had no reasonable prospect of success.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal against Wilson J's order is refused