David Burrows, Solicitor and Advocate. The disposal by Baroness Hale of Richmond of an appeal from the Court of Appeal, in Re J (Child Returned Abroad: Convention Rights)  UKHL 40,  2 FLR 802 illuminates perfectly the subject of appeals and discretionary jurisdiction, subjects overlooked at their peril by all lawyers. The case concerned the summary return of a child to Saudi Arabia.
The Court of Appeal allowed the father's appeal on the ground that the judge had elevated his concern at the father's allegation above a level that the evidence justified. But, said Baroness Hale of Richmond (with whom the other four lords unanimously agreed), the judge's findings related to:
credibility and primary fact with which, for all the reasons explained by Lord Hoffman in [Piglowska v Piglowski  2 FLR 763, at 784], an appeal court is not entitled to interfere [and] once a judge has made such a finding, it becomes a factor to be weighed in the balance in the exercise of his discretion" (at paras  and ).
The author looks at other relevant cases regarding appeals. See March  Fam Law 225 for the full article.
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