Source: All England Reporter
Publisher Citation: [2012] All ER (D) 123 (Oct)
Neutral Citation: [2012] EWHC 2753 (QB)
Court: Queen's Bench Division
Judge:

Eady J

Representation Justin Levinson (instructed by Irwin Mitchell LLP) for the appellants.
  Charles Woodhouse (instructed by DAC Beachcroft LLP) for the local authority.
Judgment Dates: 11 October 2012

Catchwords

Child - Care - Local authority - Appellants being children - Appellants being exposed to years of domestic violence between their parents - Respondent local authority taking appellants into their care - Guardians of appellants alleging negligence on the part of local authority - Care proceedings being instigated - Master at care proceedings referring matter to Official Solicitor - Official Solicitor requesting order for pre-action disclosure - Master refusing application - Appellants' appealing - Whether master erring - Civil Procedure Rules, r 31.16.

The Case

Child Care. The Queen's Bench Division allowed a children's appeal against refusal to grant an application by the Official Solicitor for pre-action disclosure in accordance with CPR 31.16 as the refusal had been logically flawed.

Practice Areas

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