Rewriting history or righting a wrong? Court of Appeal orders removal of content from a judgment – Caoilfhionn Gallagher

“However, it would in my view be wrong to interpret this case as indicating a sea-change in how the courts will deal with judicial criticisms of professional witnesses in family proceedings. Whilst it is a ground-breaking case, the Court of Appeal acknowledged that it is a novel one. Lord Justice McFarlane was at pains to emphasise that this was a “rare” or “vanishingly rare” case (at [98] and [99]), a “particular, bespoke response to a highly unusual combination” of factors: the judge finding himself driven to make highly critical findings against professional witnesses, despite such findings playing no part in the case presented by any party to the proceedings, and where the judge had failed to raise the matters of criticism himself at any stage prior to the judgment. Such a combination of factors is unlikely to recur, certainly not with any regularity.”

Inforrm's Blog

Royal-Courts-of-JusticeThe Court of Appeal in Re W (A Child) [2016] EWCA Civ 1140 has granted a highly unusual remedy, ordering that passages be excised from a High Court judgment.

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