HT v A Health and Social Care Trust & Anor [2024] NICA 79 (11 December 2024)

HT v A Health and Social Care Trust & Anor [2024] NICA 79 (11 December 2024)

The court declined to extend time as there was no adequate explanation for delay, the procedural mistake at the EPO hearing was promptly corrected, no substantial prejudice resulted, and the law on the issue is uncontroversial.

Source-derived case information.

Citation
[2024] NICA 79
Parties
Appellant: HT; First Respondent: A Health and Social Care Trust; Second Respondent: BT
Jurisdiction
Northern Ireland
Judgment Date
11 December 2024
Procedural Posture
Appeal by Way of Case Stated / Application for Extension of Time to Compel District Judge to State a Case
Outcome
application for extension of time refused
Legal Topics
Emergency Protection Order, Parental Responsibility, Extension of Time, Procedural Fairness
Family Law Civil Procedure Emergency Protection Order Parental Responsibility Extension of Time Procedural Fairness

Source-derived case record

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 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

HT

Appellant

A Health and Social Care Trust

First Respondent

BT

Second Respondent

Procedural Posture

Appeal by Way of Case Stated / Application for Extension of Time to Compel District Judge to State a Case

Legal Issues

  1. 1 Whether the appellant should be granted an extension of time to compel the District Judge to state a case on a point of law
  2. 2 Whether exclusion of the appellant from the EPO hearing was legally correct

Ratio Decidendi

The court declined to extend time as there was no adequate explanation for delay, the procedural mistake at the EPO hearing was promptly corrected, no substantial prejudice resulted, and the law on the issue is uncontroversial.

Court Disposition

application for extension of time refused

Orders

  • No extension of time granted
  • No order compelling District Judge to state a case