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Court of Appeal on urgent appeals for children

The link is to an appeal about an ICO. The ICO actually expired before the hearing into the appeal. The answer from the Lord Justices was this.

In office hours, a potential appellant who wishes to apply for an immediate stay should contact the Court of Appeal office at the Royal Courts of Justice on the conventional telephone number, 0207 947 6000; out of hours, such an appellant should contact the security offices of the Royal Courts of Justice, 0207 947 6260. In either event, the appellant will be able to speak to a Deputy Master who, in turn, will speak to a Lord Justice. Provided the latter is satisfied that the matter is appropriately urgent, and a short stay is called for, he or she will either grant a stay, or arrange for the matter to be listed at short notice for a short oral hearing, on notice to the other parties, within the time frame permitted by the judge at first instance. If the court is then satisfied either that permission to appeal should be granted or that the application for permission should be listed urgently, with appeal to follow if permission is granted, it will give such a direction. In children's cases or other cases of urgency, this court can move very swiftly indeed. Thus, had that procedure been followed in the instant case, it is highly unlikely that the child would have been separated from his father without a short on-notice oral hearing for a stay in this court. The child would have been permitted to continue to reside with his father pending the hearing of the application for a stay, or if a stay had been granted, up until the application for permission to appeal, or, in the instant case, as permission to appeal was granted, until the hearing of the appeal itself.

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R v SUSSEX JUSTICES ex p McCARTHY [1924] 1 KB 256

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R v SUSSEX JUSTICES ex p McCARTHY [1924] 1 KB 256

November 9 1923

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