Skip to main content

Further progress on fair trials in the family courts

This story in the Daily Mail reports on This case (Re NL (A child) (Appeal: Interim Care Order: Facts and Reasons) where Pauffley J has looked at the issue of a case in the FPC where the Justices basically rubber stamped a document from the local authority. Another important case is Re C (A Child) where the president of the Queens Bench supports a call for proper procedure to be followed in terms of dealings in the court of first instance.



    The President of the Queen's Bench Division:

  1. I agree with both judgments. Having seen the judgments in draft, Ms van der Leij has expressed concern about the comments at paragraphs 10-11 of Macur LJ and paragraph 36 of Aikens LJ dealing with the e-mail exchanges subsequent to the hearing. She observes that "it is by no means unusual for practitioners in the Principal Registry to e mail district judges directly seeking clarification of matters raised in a hearing". It is one thing, if invited, to make submissions in relation to the terms of an order provided that every communication is copied to every party; it is another to express dissent and seek to engage in further argument. If that is not unusual, it is important that the problems which it generates should be recognised and that the practice should cease. First, it suggests (even if it is not the case) that advocates can go behind the scenes to resolve issues in favour of their clients and, as Macur LJ observes, will give rise to allegations of 'stitch up'. Secondly, it will encourage litigants in person (who do not have the same understanding of the law or practice) to adopt a similar approach thereby disrupting the finality of the judgment of the court and generating continued uncertainty.

Progress is being made.  If we can stop corrupt legal advisors and advocates from undermining their own clients that would help as well.   However, a key to this is getting evidence that is reliable. (as I say in the Daily Mail article).

Comments

michael wade said…
Well both me and my partner have been stitched up like kippers. Our social worker saying she had no concerns, even letting my daughter around my partner unattended "saying she's in better place now then year ago but still taking it to PRO. Why???
Natasha Stovell said…
It's a shame that all the adoption cases against parental consent aren't going to be reviewed , I was stitched up by my social worker in 2006/07 which granted the forced adoption of my son.
Time will never heal the damage caused even 9 years later, it's unbearable knowing that you've done nothing wrong and get treat worse than a criminal

Popular posts from this blog

Statement re false allegations from Esther Baker

Statement by John Hemming
I am pleased that the Police have now made it clear that there has been a concerted effort to promote false criminal allegations against me and that the allegations had no substance whatsoever.
I would like to thank Emily Cox, my children, Ayaz Iqbal (my Solicitor), my local lib dem team and many others who supported me through this dreadful experience. There are many worse things that happen to people, but this was a really bad experience.
It is bad enough to have false allegations made about yourself to the police, but to have a concerted campaign involving your political opponents and many others in public creates an environment in which it is reasonable to be concerned about ill founded vigilante attacks on your family and yourself. Luckily there was a more substantial lobby to the contrary as well, which included many people who were themselves real survivors of abuse, which has helped.
I am normally someone who helps other people fight injustice. …

Statement re Police investigation into Harassment and Perverting the Course of Justice.

It was recently reported that the police were not investigating the allegations of Perverting the Course of Justice that I had made. This came as a surprise to me as I had been told for some time that my allegations were to be considered once the VRR had been rejected. I have now had a very constructive meeting with Staffordshire police on Friday 29th June 2018 and the misunderstandings have been resolved. At that meeting the evidence relating to the perversion of the course of justice and the harassment campaign against my family were discussed. The police have decided to investigate both the perversion of the course of justice and also the harassment campaign. I would like to thank them for changing their decision and I accept their apology for the way in which they did that. I am also in possession of written confirmation a police force would be investigating allegations that a vulnerable witness has been harassed for trying to expose the campaign against me. I hope that the aut…

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

I have only just found this one which I think is accurately reported below (but if it is not please give me an accurate report).

KING’S BENCH DIVISION

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

November 9 1923

Editor’s comments in bold.

Here, the magistrates’ clerk retired with the bench when they were considering a charge of dangerous driving. The clerk belonged to a firm of solicitors acting in civil proceedings for the other party to the accident. It was entirely irrelevant that there had been no evidence of actual influence brought to bear on the magistrates, and the conviction was duly quashed.

LORD HEWART CJ:
It is clear that the deputy clerk was a member of the firm of solicitors engaged in the conduct of proceedings for damages against the applicant in respect of the same collision as that which gave rise to the charge that the justices were considering. It is said, and, no doubt, truly, that when that gentleman retired in the usual way with the justices, taking with him the…