S (A Child) [2008] EWCA Civ 1651 (07 October 2008)
There was no foundation or realistic goal for the renewed application to appeal the interlocutory and case management orders; the Court of Appeal has no role in ongoing litigation absent exceptional circumstances.
Source-derived case information.
- Citation
- [2008] EWCA Civ 1651
- Parties
- First Applicant: Mrs K McMillan; Second Applicant: Father (Mr S); Respondent: Local Authority
- Jurisdiction
- England and Wales
- Judgment Date
- 07 October 2008
- Procedural Posture
- Family Law Appeal / Renewed Application for Permission to Appeal Interlocutory Orders
- Outcome
- Applications refused
- Legal Topics
- Appeal Procedure, Interlocutory Orders, Case Management, Expert Evidence
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mrs K McMillan
First Applicant
Father (Mr S)
Second Applicant
Local Authority
Respondent
Procedural Posture
Family Law Appeal / Renewed Application for Permission to Appeal Interlocutory Orders
Legal Issues
- 1 Whether permission to appeal interlocutory and case management orders should be granted
- 2 Whether the Court of Appeal should intervene in ongoing county court proceedings
Ratio Decidendi
There was no foundation or realistic goal for the renewed application to appeal the interlocutory and case management orders; the Court of Appeal has no role in ongoing litigation absent exceptional circumstances.
Court Disposition
Applications refused
Orders
- All applications before the Court of Appeal refused
Full Case Text
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