Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Judicial review refused as alternative Circuit Court appeal remedy found adequate in family access dispute
|
or click here to request site subscription to search and view all judgments |
The Court of Appeal dismissed an appeal from the High Court, upholding the refusal to grant an appellant leave to apply for judicial review of an access order made by a District Court judge in family law proceedings. The appellant had sought to challenge the District Court’s order restricting phone contact with his children and refusing his request for homeschooling access, claiming procedural unfairness and bias, and also argued that a procedural rule was unconstitutional. The Court of Appeal found that the appellant had an adequate alternative remedy by way of appeal to the Circuit Court, and the issues raised concerned the merits of the case rather than the lawfulness of the decision-making process. The Court concluded there were no exceptional circumstances to warrant judicial review, and that no error was made by the lower courts in refusing to grant leave.
judicial review – leave to apply – family law – access order – District Court – Circuit Court appeal – procedural fairness – expert report – bias allegation – homeschooling access – Rules of the Superior Courts – Order 84 rule 22(2A) RSC – constitutionality – sufficiency of remedy – decision-making process – alternative remedy
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
