S (Children), Re [2002] EWCA Civ 1614 (20 September 2002)

S (Children), Re [2002] EWCA Civ 1614 (20 September 2002)

There was no misdirection or error by the judge below; the discretionary refusal to set aside the orders was not plainly wrong, and the application had no realistic prospect of success.

Source-derived case information.

Citation
[2002] EWCA Civ 1614
Parties
Applicant: Christopher Nathan; Respondent: Cornwall County Council
Jurisdiction
England and Wales
Judgment Date
20 September 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application dismissed
Legal Topics
Care Orders, Adoption, Setting Aside Orders, Abuse of Process
Family Law Civil Procedure Care Orders Adoption Setting Aside Orders Abuse of Process

Source-derived case record

Summary, issues, holding and outcome

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Parties

Christopher Nathan

Applicant

Cornwall County Council

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the refusal to set aside the 1994 care order and 1995 contact order was correct
  2. 2 Whether alleged suppression of documents by the local authority justified reopening proceedings

Ratio Decidendi

There was no misdirection or error by the judge below; the discretionary refusal to set aside the orders was not plainly wrong, and the application had no realistic prospect of success.

Court Disposition

application dismissed

Orders

  • application for permission to appeal dismissed
  • no order for costs