A (A Child)

A (A Child)

The refusal to correct factual findings in the 2011 judgment was not appealable as they were not accidental slips under CPR 40.12 and did not form part of the judgment for appeal purposes; the contempt finding was valid as the father understood he was required to file Form E1, despite the order's reference to Form E.

Parties
Applicant: Mr A; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
26 June 2014
Procedural Posture
Civil Appeal / Judgment
Outcome
appeals dismissed
Legal Topics
Children Act 1989 Schedule 1 Applications, Correction of Judgments, Contempt of Court, Appeals Procedure
Family Law Civil Procedure Children Act 1989 Schedule 1 Applications Correction of Judgments Contempt of Court Appeals Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr A

Applicant

Mother

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether refusal to correct factual findings in a 2011 judgment is appealable under CPR 40.12
  2. 2 Whether contempt finding for failure to file revised Form E1 was valid given the order referred to Form E

Ratio Decidendi

The refusal to correct factual findings in the 2011 judgment was not appealable as they were not accidental slips under CPR 40.12 and did not form part of the judgment for appeal purposes; the contempt finding was valid as the father understood he was required to file Form E1, despite the order's reference to Form E.

Court Disposition

appeals dismissed

Orders

  • Permission to appeal granted but first appeal dismissed
  • Second appeal dismissed