Children: Public Law Update (July 2014)

24th July 2014

Barrister

John Tughan QC

In this article I will consider:

  • a case of judicial bias, as evidenced by judicial comments at a case management hearing which led the Court of Appeal to agree that the judge, who was trying to robustly case manage the issues, had appeared to give a concluded view about future fact-finding.  The thinness of the line between robust management and going too far was acknowledged by the Court of Appeal
  • the ability of the parties to care proceedings to access DNA samples emanating from the criminal investigation
  • a clear reminder to care practitioners and judiciary alike about the need to consider the jurisdictional basis for the care proceedings at the earliest opportunity.

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Author

John Tughan QC