F v M & Anor (Rev1) [2024] EWHC 3190 (Fam) (10 December 2024)

F v M & Anor (Rev1) [2024] EWHC 3190 (Fam) (10 December 2024)

The appearance or risk of unfairness arising from counsel's prior professional contact with the appellant, including receipt of the case bundle and discussions about representation, was sufficient to undermine the integrity of the proceedings and required the order to be set aside, regardless of whether actual confidential information was used.

Citation
[2024] EWHC 3190 (Fam)
Parties
Appellant: F; First Respondent: M; Second Respondent: Z
Jurisdiction
England and Wales
Judgment Date
10 December 2024
Procedural Posture
Child Arrangements Appeal / Permission to Appeal and Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Child Arrangements Order, Relocation, Procedural Fairness, Conflict of Interest, Judicial Continuity
Family Law Child Arrangements Order Relocation Procedural Fairness Conflict of Interest Judicial Continuity

Case Brief

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Parties

F

Appellant

M

First Respondent

Z

Second Respondent

Procedural Posture

Child Arrangements Appeal / Permission to Appeal and Appeal Judgment

Legal Issues

  1. 1 Whether the involvement of counsel who previously had contact with the appellant created a real risk or appearance of unfairness in the proceedings
  2. 2 Whether the Child Arrangements Order should be set aside due to procedural irregularity

Ratio Decidendi

The appearance or risk of unfairness arising from counsel's prior professional contact with the appellant, including receipt of the case bundle and discussions about representation, was sufficient to undermine the integrity of the proceedings and required the order to be set aside, regardless of whether actual confidential information was used.

Court Disposition

Appeal allowed

Orders

  • Child Arrangements Order of 18 September 2024 set aside
  • Case transferred to the High Court for rehearing before a Judge of the Division on 28 November 2024