Dear Civil Procedure Rule Committee,
Family Court case
Please confirm who reviews the soundness of decisions made by a single Court of Appeal Judge when they decline to give permission to appeal;-
(i) when the concern is they have clearly not understood the case before them.
(ii) they have simply erased the arguements that were presented in their summing up for the official Judgement. In other words, what rules if any, are in place to ensure a Judge has adequately reflected what was told to him in the courtroom and what happens if anything, in cases when he has not done this?
(iii) If an appeal is sought on the basis of false evidence provided by a CAFCASS guardian what responsibilities if any does the Appeal Judge have to deal with any issues related to the behaviour of that officer.
In relation to (ii) From my experience in the Courts I feel very strongly that Judges are presenting a rationale in the Judgement that explains their decision, but excludes any mention of material evidence or facts that would render that decision indefensible or inadequate. That has happened to me in the High Court and in the Court of Appeal and I cannot understand why this area of a Judges responsibilities seems to be so poorly regulated and blatantly abused.
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Dear Mr/Mrs Munster
Thank you for your email. I have not treated your email as a request
under the Freedom on Information Act as it you are not asking for recorded
Proceedings in the Court of Appeal for civil matters are governed by Part
52 of the Civil Procedure Rules; these rules can be found through the
I also draw your attention to Part 1 of the rules on the overriding
objective. These rules are made by the Civil Procedure Rule Committee.
However, the rules do not cover the exercise of judicial discretion. The
accountability of individual judges for their actions is through the
appeals process, parties have the right to appeal any judicial decision.
A decision is therefore reviewed by another independent judge or judges.
Decisions made by the Court of Appeal are set out as reasoned judgments
and are widely available.
Secretary to the Civil Procedure Rule Committee Justice Policy Group
Ministry of Justice Post Point 4.22
102 Petty France
London SW1H 9AJ
DX 152380 Westminster 8
Tel: 020 3334 3184
Fax: 020 3334 6457
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Dear Wright, Jane,
So you say there are widely available "reasoned judgements" when an appeal is made against the exercise of a Judges discretion. You say that is the proper channel to appeal such a decision. In my initial request to you I said that when the Appeal Judge summed the arguement, he ignored the arguements that were presented even though these were material and could be followed by any standard of common sense. Are you saying this type of conduct is acceptable?. A reasoned Judgement is pointless if it does not reflect the facts right?. Are you saying there are no published guidelines to Judges on which facts they must reflect in a final Judgement?. Is it entirely up to the individual Judge what they feel like including?.
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