RE A (CHILDREN) (2015) Procedural Irregularity Case

February 3, 2015

Mark Senior represented the appellant in the Court of Appeal case of Re A (Children) (2015). This appeal was brought on the basis that the judge’s “unrestrained and immoderate language” when considering a child’s application for a DNA test to enable a declaration of parentage had constituted a serious procedural irregularity. the judge was said to have not allowed proper submissions and to have indicated a closed mind to the application by threatening to order costs. The bench of Aikens LJ, Black LJ and King LJ stated that appointment as a judge was not a licence to be gratuitously rude to those appearing before him.

The appeal was allowed and the application was remitted. The bench stated that the approach went far beyond anything that could be characterised as case management and that the judge’s unrestrained and immoderate language had to be deplored.

Click here to view the Westlaw case analysis: A(Children) Westlaw analysis