RR v MM

RR v MM

There is no evidence of actual or apparent bias; the judge was entitled to hear the recusal application herself; the section 91(14) order was proportionate and within the range of reasonable responses; refusal to order further expert evidence was justified and supported by the Court of Appeal's prior decision; there was no procedural unfairness or breach of privacy; none of the grounds of appeal have a real prospect of success.

Parties
Appellant: RR; Respondent: MM
Jurisdiction
England and Wales
Judgment Date
18 October 2018
Procedural Posture
Family Law Appeal / Application for Permission to Appeal From Order of HHJ Newton, Family Court, Manchester, February 2018
Outcome
Permission to appeal refused
Legal Topics
Contact Orders, Section 91(14) Children Act 1989, Recusal for Bias, Appeal Procedure, Welfare of the Child
Family Law Contact Orders Section 91(14) Children Act 1989 Recusal for Bias Appeal Procedure Welfare of the Child

Case Brief

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Parties

RR

Appellant

MM

Respondent

Procedural Posture

Family Law Appeal / Application for Permission to Appeal From Order of HHJ Newton, Family Court, Manchester, February 2018

Legal Issues

  1. 1 Whether the judge should have recused herself for apparent bias
  2. 2 Whether the section 91(14) order was disproportionate
  3. 3 Whether the judge's refusal to order further expert evidence was wrong

Ratio Decidendi

There is no evidence of actual or apparent bias; the judge was entitled to hear the recusal application herself; the section 91(14) order was proportionate and within the range of reasonable responses; refusal to order further expert evidence was justified and supported by the Court of Appeal's prior decision; there was no procedural unfairness or breach of privacy; none of the grounds of appeal have a real prospect of success.

Court Disposition

Permission to appeal refused

Orders

  • Order of HHJ Newton stands
  • No further application without leave for three years (section 91(14) order)