Case Law: Re (W), Can non-parties appeal critical findings made in a judgment which infringe their human rights? – Jo Moore

“While the circumstances of this appeal are (happily) unusual, various principles of general application can be drawn from it. The Court re-emphasised the procedural requirements which safeguard our substantive rights. It indicated that a court should be prepared to read down a procedural rule relating to standing for bringing an appeal where Convention rights are engaged. Finally, it demonstrated the special nature of appeals based on human rights violations. The appellant is not restricted to challenging an “order” or a “decision”: any finding of a judge can be a “judicial act” giving rise to a right of appeal, thanks to the Human Rights Act.”

Inforrm's Blog

silhouetteIn Re: W (A child)[2016] EWCA Civ 1140 the Court of Appeal considered a case in which a Family Court judgment was severely critical of two witnesses and the applicant local authority. In an oral “bullet point” judgment at the end of the hearing, the Judge found that the witnesses, a social worker (‘SW’) and a police officer (‘PO’), had improperly conspired to prove certain allegations regardless of the truth, or professional guidelines.

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