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Family

20 January 2011
Issue: 7449 / Categories: Case law , Law digest
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President’s Guidance (case management decisions and appeals therefrom) [2011] All ER (D) 36 (Jan)

The Court of Appeal issued guidance on case management decisions and appeals therefrom. By way of summary it repeated the guidance in Re P and P (children) (care proceedings) [2009] 3 FCR 65, namely: “Case management decisions are not to be challenged on a whim, or because one party simply happens to disagree with them. They are discretionary decisions in which the allocated judge enjoys a very wide discretion to deal with the case within the confines of the overriding objective and taking into account the best interests of the child.

There must be a point of substance which requires an urgent challenge and speedy resolution. In the overwhelming majority of cases, no such point will arise. Where it does, however, speed is of the essence. Delay, as the Children Act 1989 makes clear, is usually contrary to the interests of children, as well as being the enemy of justice in most child cases.”
 

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