Re W (A Child): CA 17 Nov 2016

The court was asked: ‘Can a witness in Family proceedings, who is the subject of adverse judicial findings and criticism, and who asserts that the process in the lower court was so unfair as to amount to a breach of his/her rights to a personal and private life under ECHR Art 8, challenge the judge’s findings on appeal?
If so, on what basis and, if a breach of Article 8 is found, what is the appropriate remedy?’

Munby P FD, McFarlane, Christopher Clarke LJJ
[2016] EWCA Civ 1140, [2016] WLR(D) 628, [2017] 1 FCR 349, [2017] 1 WLR 2415, [2017] 1 FLR 1629
Eurppean Convention on Human Rights 8
England and Wales

Litigation Practice, Human Rights

Updated: 25 January 2022; Ref: scu.571425