Re S (Children): CA 28 Feb 2014

F appealed against a placement order in respect of his daughter. The court was asked whether the judgment had been based upon proper evidence and reasoned sufficiently.
Held: The appeal was allowed, an interim care order is substituted in place of the full care order made and the case is remitted to HHJ Karp for further case management directions and, ultimately re-hearing.
It was ordered that the local authority should pay the father’s legal costs because it had resisted the appeal, and it was necessary not to deter a parent from challenging decisions which impact on the most crucial of human relationships. The principle in In re T was not applicable to appeals.

Macur DBE, Sharp DBE JJ, Sir Robin Jacob
[2014] EWCA Civ 135, [2015] 1 FLR 130
England and Wales
Cited by:
Appeal fromRe S (A Child) SC 25-Mar-2015
The Court was asked as to the proper approach to ordering the unsuccessful party to pay the costs of a successful appeal in cases about the care and upbringing of children. It arises in the specific context of a parent’s successful appeal to the . .

Lists of cited by and citing cases may be incomplete.

Children, Costs

Updated: 01 December 2021; Ref: scu.521937