Examples of poor decision making given in Martha Cover’s #publiclawupdate inc Re A [2015] EWCA Civ 133 https://t.co/QbxVse4lGU #alcconf2015
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Re A (Children) [2015] EWCA Civ 133
This matter concerned the successful appeal of a high- handed dismissal of an application for DNA testing by a 13 year old child on the basis she had been deprived of a fair hearing.
‘The Court of Appeal reiterated the importance of the child’s right to know the identity of their biological parents and allowed the appeal. The hearing amounted to a serious procedural irregularity which was unanswerable. The judge was criticized for his use of unrestrained and immoderate language. The case was remitted for rehearing before the designated family judge.’
Extract from the Judgement by Lord Justice Aikens
[13] ‘…The transcript of the hearing makes embarrassing reading and I hope that Judge Dodds will read it for himself and be ashamed of his behaviour on that particular occasion. Appointment as a judge, at whatever level, is not a license for intemperate language or for being gratuitously rude to advocates and others appearing before you. Judge Dodds’ behaviour on that occasion was beyond what is permissible. It meant that there was a serious procedural irregularity. That particular hearing was not fair. I do emphasise that my remarks concern only that one particular hearing. However, this appeal must be allowed.’
Family Law Week: Re A (Application for DNA Testing) [2015] EWCA Civ 133
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