A (Children), Re
The judge's conduct amounted to a serious procedural irregularity, denying the applicant a fair hearing; therefore, the appeal must be allowed and the matter remitted for rehearing.
- Parties
- Applicant: SA; Respondent: Wirral Borough Council; Parent: KA; Parent: BA
- Jurisdiction
- England and Wales
- Judgment Date
- 29 January 2015
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Declaration of Parentage, Procedural Irregularity, DNA Testing, Children's Rights
Case Brief
Summary, issues, holding and outcome
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Parties
SA
Applicant
Wirral Borough Council
Respondent
KA
Parent
BA
Parent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the dismissal of the application for DNA testing and declaration of parentage was procedurally irregular
- 2 Whether the conduct of the hearing denied the applicant a fair hearing
Ratio Decidendi
The judge's conduct amounted to a serious procedural irregularity, denying the applicant a fair hearing; therefore, the appeal must be allowed and the matter remitted for rehearing.
Court Disposition
appeal allowed
Orders
- Matter remitted for rehearing before designated family judge for Liverpool, Her Honour Judge De Haas, QC
Full Case Text
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