Care proceedings
Re C (Children: Premature Determination) [2025] EWCA Civ 1481
The Court of Appeal, Civil Division, allowed an appeal by the local authority and Children’s Guardian against a judge’s decision to stay care proceedings pending an appeal. The court found that the judge had predetermined a key issue in the case by expressing a settled view that he could not approve adoption for one of the children before hearing all the evidence. This amounted to a serious procedural irregularity causing injustice under CPR 52.21(3)(b). The judge’s intervention went beyond permissible judicial indication and demonstrated a closed mind, making a fair trial impossible. The court determined that the judge’s refusal to hear evidence from the Children’s Guardian was ‘unaccountable’ and procedurally unfair. Accordingly, the proceedings were remitted to the Central Family Court for determination by another judge to avoid further delay for children who had already been awaiting decisions for over two years.
Conflict of laws
Playtech Software Ltd v Realtime Sia and another [2025] EWCA Civ 1472
The Court of
