MH v Lancashire County Council

MH v Lancashire County Council

The application for adjournment was refused because granting it would cause significant further delay, adversely affecting the child's welfare, and there was no certainty that the appellant would secure legal representation even if the adjournment were granted.

Parties
Appellant: MH; Respondent: Lancashire County Council
Jurisdiction
England and Wales
Judgment Date
28 October 2010
Procedural Posture
Appeal / Application for Adjournment and Substantive Appeal Hearing
Outcome
Appeal dismissed; application for adjournment refused
Legal Topics
Care Orders, Placement Orders, Adoption, Adjournment of Proceedings, Legal Representation
Family Law Child Law Care Orders Placement Orders Adoption Adjournment of Proceedings Legal Representation

Case Brief

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Parties

MH

Appellant

Lancashire County Council

Respondent

Procedural Posture

Appeal / Application for Adjournment and Substantive Appeal Hearing

Legal Issues

  1. 1 Whether the appeal hearing should be adjourned to allow the appellant to seek legal representation
  2. 2 Whether the appeal against the strike-out of the appellant's challenge to care and placement orders should be allowed

Ratio Decidendi

The application for adjournment was refused because granting it would cause significant further delay, adversely affecting the child's welfare, and there was no certainty that the appellant would secure legal representation even if the adjournment were granted.

Court Disposition

Appeal dismissed; application for adjournment refused

Orders

  • Application for adjournment refused
  • Appeal dismissed