Re R (Care Proceedings: Appeal)


[2013] 1 FLR 467

In reliance on G v G (Minors: Custody Appeal) [1985] FLR 894 and Piglowska v Piglowski [1999] 2 FLR 763 the appellate court had limited powers to intervene in relation to findings of fact. There was no basis upon which the court could legitimately interfere with this judge’s findings as he had clearly expressed that he had kept in mind all of the issues which required the exercise of very considerable caution. However, the court emphasised the need for judicial continuity in a case where, in serious non-compliance with the procedures of the court, there had never been an allocated judge. The fact-finding hearing, which, as made clear by the House of Lords, was merely the first part of a single process to be conducted by the same judge, meant that the final hearing should be allocated to a judge whose sitting patterns made it possible for him to conduct both parts of the hearing.


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