F v M

F v M

The appeal is allowed because the professional interactions between F and M's counsel created a real risk or appearance of unfairness, undermining the integrity of the proceedings, regardless of whether actual confidential information was exchanged or used.

Parties
Appellant: F; First Respondent: M; Second Respondent: Z
Jurisdiction
England and Wales
Judgment Date
12 October 2024
Procedural Posture
Family Law Child Arrangements Appeal / Permission to Appeal and Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Child Arrangements, Procedural Fairness, Conflict of Interest, Judicial Continuity, Relocation of Child
Family Law Child Arrangements Procedural Fairness Conflict of Interest Judicial Continuity Relocation of Child

Case Brief

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Parties

F

Appellant

M

First Respondent

Z

Second Respondent

Procedural Posture

Family Law Child Arrangements Appeal / Permission to Appeal and Appeal Judgment

Legal Issues

  1. 1 Whether the involvement of M's counsel, who previously had professional contact with F, created a risk or appearance of unfairness sufficient to vitiate the trial
  2. 2 Whether the proceedings were unjust due to serious procedural irregularity

Ratio Decidendi

The appeal is allowed because the professional interactions between F and M's counsel created a real risk or appearance of unfairness, undermining the integrity of the proceedings, regardless of whether actual confidential information was exchanged or used.

Court Disposition

Appeal allowed

Orders

  • The case is transferred to the High Court for rehearing before a Judge of the Division on 28th November 2024.
  • Expedited listing to avoid further delay and to accommodate the child's planned relocation.