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Re L (a child) (fact-finding hearing: fairness); Z v A local authority and others [2022] EWCA Civ 169

Date:17 MAY 2022
Third slide

(Court of Appeal (Civil Division), Baker and Snowden LJJ, 17 February 2022)

Care proceedings – Fact-finding – Fairness – Whether process by which recorder had concluded that threshold criteria under s 31 of the Children Act 1989 were satisfied was fair.

The Court of Appeal, Civil Division, dismissed the father’s appeal against the decision of the Family Court. The totality of evidence before the recorder was plainly sufficient to support the recorder's findings and no party was unfairly disadvantaged by the process by which the findings were made.


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Neutral Citation Number: [2022] EWCA Civ 169

Case No: CA-2021-000079

IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE FAMILY COURT AT PORTSMOUTH
Recorder Leong
PO21C00010

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 17 February 2022

Before :

LORD JUSTICE BAKER
and

LORD JUSTICE SNOWDEN

- - - - - - - - - - - - - - - - - - - - -

L (FACT-FINDING HEARING: FAIRNESS)

Between :

Z
Appellant

- and -

(1) A LOCAL AUTHORITY
(2) A MOTHER
(3) L (by her children’s guardian)
Respondents

- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -

David Sharp (instructed by Churchers LLP) for the Appellant
Gemma Bower (instructed by Local Authority Solicitor) for the First Respondent
Nigel Cholerton (instructed by Biscoes) for the Second Respondent
Helen Khan (instructed by Child Law Patnership) for the Third Respondent

Hearing date : 8 December 2021

- - - - - - - - - - - - - - - - - - - - -

Approved Judgment

Remote hand-down: This judgment was handed down remotely at 10:30am on Thursday 17 February 2022 by circulation to the parties or their representatives by email and by release to BAILII and the National Archives.

Judgment: Re L (Fact-finding Hearing Fairness) [2022] EWCA Civ 169

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