James MacDougall v KE & Ors.

James MacDougall v KE & Ors.

The court refused both the adjournment and the appointment of an intermediary, finding no sufficient justification for delay or for a medically qualified intermediary, and holding that the judge can implement necessary protective measures to ensure fairness without an intermediary.

Source-derived case information.

Parties
Applicant: James MacDougall; First Respondent: KE; Second Respondent: SW; Third Respondent: EG; Fourth Respondent: The Children (via their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
30 March 2022
Procedural Posture
Private Law Family Proceedings / Case Management Hearing (cmh) on Interlocutory Applications
Outcome
Applications for adjournment and appointment of intermediary refused; matter to proceed to final hearing as scheduled.
Legal Topics
Child Contact, Non Molestation Order, Adjournment, Appointment of Intermediary, Case Management
Family Law Child Contact Non Molestation Order Adjournment Appointment of Intermediary Case Management

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Parties

James MacDougall

Applicant

KE

First Respondent

SW

Second Respondent

EG

Third Respondent

The Children (via their Children's Guardian)

Fourth Respondent

Procedural Posture

Private Law Family Proceedings / Case Management Hearing (cmh) on Interlocutory Applications

Legal Issues

  1. 1 Whether to adjourn the final hearing pending outcome of criminal trial
  2. 2 Whether to appoint an intermediary for the applicant father in family proceedings

Ratio Decidendi

The court refused both the adjournment and the appointment of an intermediary, finding no sufficient justification for delay or for a medically qualified intermediary, and holding that the judge can implement necessary protective measures to ensure fairness without an intermediary.

Court Disposition

Applications for adjournment and appointment of intermediary refused; matter to proceed to final hearing as scheduled.

Orders

  • Final hearing to proceed on 11 and 12 April.
  • Recital to order emphasizing importance of applicant's legal representation.