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Administrative law and the family courts

Date:30 JUL 2014
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Solicitor Advocate
Public bodies and applications in the family court

The case of Re X (A Child) [2014] EWHC 2522 (Admin) prompts the question whether the family court should not hear all issues with administrative law aspects or on other interventions by public bodies.

The court hears such applications daily in care proceedings (often called ‘public law’) where a public body is invariably the applicant. Other public bodies are parties in a variety of family proceedings: such as Revenue and Customs v Charman [2012] EWHC 1448 (Fam)  [2012] 2 FLR 1119 (unsuccessful application by HMRC for a husband’s family proceedings documents); Re X and Y (Disclosure of Judgment to Police) [2014] EWHC 278 (Fam) [2014] 2 FLR (forthcoming) (child proceedings documents to be disclosed to the police); ‘originating summons’ application for specimen of dead person’s DNA: CM v The Executor of the Estate of EJ (deceased) and Her Majesty’s Coroner [2013] EWHC 1680 (Fam)  [2013] 2 FLR 1410).

These cases...

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