The Weekly Law Reports
[2014] 1 WLR 4344
Court of Appeal
*
In re
B (A Child) (Evaluation: Appellate Court’s Function)Practice Note
[2014] EWCA Civ 565
2013 Dec 11;
2014 May 9
Sir Terence Etherton C, Black, Ryder LJJ
Children— Care proceedings— Threshold conditions— Family proceedings court failing to carry out welfare analysis and conduct proportionality evaluation— Judge on appeal correctly concluding reasoning of family proceedings court deficient— Judge undertaking own welfare analysis and proportionality evaluation and substituting her decision for that of family proceedings court— Whether judge should have remitted case for rehearing— Proper approach of appellate court
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