H (Children), Re [2012] EWCA Civ 1797 (20 June 2012)

H (Children), Re [2012] EWCA Civ 1797 (20 June 2012)

The judge's refusal to grant rights of audience to the applicant's McKenzie friend and her restrictions on further witnesses and statements were proper exercises of judicial discretion, consistent with established guidance and legal principles. There was no error of law or plainly wrong decision warranting appellate intervention.

Citation
[2012] EWCA Civ 1797
Parties
Applicant: Father; First Respondent: Mother; Second and Third Respondents: Children (represented through Guardian)
Jurisdiction
England and Wales
Judgment Date
20 June 2012
Procedural Posture
Family Law Appeal / Appeal From Case Management Order
Outcome
Appeal dismissed; permission to appeal refused for paragraphs 4 and 6; application refused.
Legal Topics
Case Management, Mc Kenzie Friends, Rights of Audience, Contact and Residence Orders
Family Law Civil Procedure Case Management Mc Kenzie Friends Rights of Audience Contact and Residence Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Father

Applicant

Mother

First Respondent

Children (represented through Guardian)

Second and Third Respondents

Procedural Posture

Family Law Appeal / Appeal From Case Management Order

Legal Issues

  1. 1 Whether the judge erred in refusing the applicant's McKenzie friend rights of audience and excluding them from future hearings
  2. 2 Whether the judge erred in restricting further witnesses and statements without leave of the court

Ratio Decidendi

The judge's refusal to grant rights of audience to the applicant's McKenzie friend and her restrictions on further witnesses and statements were proper exercises of judicial discretion, consistent with established guidance and legal principles. There was no error of law or plainly wrong decision warranting appellate intervention.

Court Disposition

Appeal dismissed; permission to appeal refused for paragraphs 4 and 6; application refused.

Orders

  • Application for permission to appeal paragraphs 4 and 6 refused.
  • Appeal against paragraph 1 dismissed.