“On analysis of the realities of the repercussions in the case of Re N-D there can be seen a distinct lack of justice for the children involved. Additionally, a disproportionate focus is given to the procedural factor of an inadequate judgment. No justice is served by allowing an appeal that, even for the parents, has no prospect of success. It is apparent that the court’s discretion to re-make the decision does not provide adequate safeguards against this. As such rectification of the law that preceded this case is required. In Re N-D a duty may have provided sufficient protection; however, this will not be the case in all types of proceedings that were not imagined in the case law. Therefore, a comprehensive analysis is required to determine the position of the current law and consider the repercussions so as to prevent further injustice.”

The ripples of Re B – for whom are judgments made? A case note on Re N-D [2014] EWCA Civ 1226 ~ Victoria Harle, Student of law at University of Bristol, JORDAN’S FAMILY LAW, 13 MAR 2015.

The case of Re N-D [2014] EWCA Civ 1226 is interesting as evidence of certain deficiencies within the current family appeal system. It is submitted here that, while the case itself is airtight in its reasoning, with a solid foundation in precedent, it shows a fundamental disregard for the welfare of the childreninvolved, as well as for other elements of justice.

Re N-D can specifically be seen as evidence of the extension of a right to appeal caused by Re B (Care Proceedings: Appeal) [2013] UKSC 33, [2013] 2 FLR 1075 and Re B-S (Adoption: Application of s 47(5)) [2013] EWCA Civ 1146, [2014] 1 FLR 1035. Equally it is evidence…

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