H (Children), Re

H (Children), Re

The judge's case management decisions, including refusal of rights of audience and restriction of evidence, were within her judicial discretion and not plainly wrong; reasons given were adequate and the guidance on McKenzie Friends was properly applied.

Parties
Applicant: Father; First Respondent: Mother; Second and Third Respondent: Children (through Guardian)
Jurisdiction
England and Wales
Judgment Date
20 June 2012
Procedural Posture
Appeal / Judgment on Appeal Against Case Management Order
Outcome
Appeal dismissed; permission to appeal refused.
Legal Topics
Case Management, Mc Kenzie Friends, Children Act Proceedings, Rights of Audience
Family Law Civil Procedure Case Management Mc Kenzie Friends Children Act Proceedings Rights of Audience

Case Brief

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Parties

Father

Applicant

Mother

First Respondent

Children (through Guardian)

Second and Third Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Case Management Order

Legal Issues

  1. 1 Whether the judge erred in refusing rights of audience and McKenzie friend status to the applicant's supporter
  2. 2 Whether the judge erred in restricting evidence and witness statements without leave of court
  3. 3 Whether the judge's case management decisions were plainly wrong

Ratio Decidendi

The judge's case management decisions, including refusal of rights of audience and restriction of evidence, were within her judicial discretion and not plainly wrong; reasons given were adequate and the guidance on McKenzie Friends was properly applied.

Court Disposition

Appeal dismissed; permission to appeal refused.

Orders

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