Source: All England Reporter
Publisher Citation: [2005] All ER (D) 305 (Nov)
Court: Court of Appeal, Civil Division

Thorpe, Rix and Keene LJJ

Representation Alison Ball QC and Sheelagh Corfield for the father.
  Eleanor Platt QC and Susan Hunter for the mother.
  Anthony Ward for the guardian.
Judgment Dates: 23 November 2005


Family proceedings - Orders in family proceedings - Contact - Application for transfer of private law proceedings from county court to High Court - Whether judge correct to refuse application.

The Case

A judge in the county court was under a responsibility to ensure that cases were not too readily transferred to the Family Division because they were difficult or because he or she had a sense of growing frustration at the absence of apparent achievement. The responsibility to avoid superfluous transfer was all the greater now that evidence of the strain upon the capacity of Family Division judges had recently become more apparent. In the instant case, the court was not persuaded that the judge's decision refusing the father's application to transfer proceedings from the county court to the High Court was anything other than orthodox and correct.

Practice Areas

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