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The ripples of Re B – for whom are judgments made? A case note on Re N-D [2014] EWCA Civ 1226
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Victoria Harle Student of law at University of BristolThe case of
Re N-D [2014] EWCA Civ 1226 is interesting as evidence of certain deficiencies within the current family appeal system. It is submitted here that while the case itself is airtight in its reasoning with a solid foundation in precedent it shows a fundamental disregard for the welfare of the children involved as well as for other elements of justice.
Re N-D can specifically be seen as evidence of the extension of a right to appeal caused by
Re B (Care Proceedings: Appeal) [2013] UKSC 33 [2013] 2 FLR 1075 and
Re B-S (Adoption: Application of s 47(5)) [2013] EWCA Civ 1146 [2014] 1 FLR 1035. Equally it is evidence of the ineffectiveness of discretion rather than a duty to conduct a fresh proportionality exercise or to ‘re-make’ a decision of the lower courts.
By way of introduction it will be useful to outline some of the rights and...
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