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A Local Authority v W and Ors (Application for Summary Dismissal of Findings) [2020] EWFC 40

Date:17 JUN 2020
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Technical Editor

(Family Court, MacDonald J, 2 June 2020)

Care proceedings – Case management – Application for summary dismissal of findings

The Family Court held that the court had no separate power within care proceedings to summarily dismiss disputed findings outside of its case management powers.

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Neutral Citation Number: [2020] EWFC 40

Case No: LV19C02014


Sitting Remotely

Date: 02/06/2020



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A Local Authority

- and -

First Respondent


Second Respondent


S and L

(By their Children’s Guardian)
Third and Fourth Respondents


Mr Shaun Spencer (instructed by Ms Elizabeth Emmington) for the Applicant
Mr Nicholas Stonor QC and Kirsty Robinson (instructed by Butcher & Barlow LLP) for the First Respondent
Mr Damian Garido QC and Mark Steward (instructed by Susan Howarth Solicitors) for the Second Respondent
Ms Lisa Edmunds (instructed by BDH Solicitors) for the Third and Fourth Respondents


Hearing dates: 23 April 2020

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Approved Judgment

I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic. Covid-19 Protocol: This judgment was handed down remotely by circulation to the parties' representatives by email. The date and time for hand-down is deemed to be at 10.30am on 2 June 2020.


This judgment was delivered in private. The Judge has given permission for this anonymised version of the judgment (and any of the facts and matters contained in it) to be published on condition always that the names and the addresses of the parties and the children must not be published. For the avoidance of doubt, the strict prohibition on publishing the names and addresses of the parties and the children will continue to apply where that information has been obtained by using the contents of this judgment to discover information already in the public domain. All persons, including representatives of the media, must ensure that these conditions are strictly complied with. Failure to do so will be a contempt of court

Judgment: A Local Authority v W and Ors [2020] EWFC 40



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