A (A Child) [2013] EWCA Civ 1104 (06 September 2013)

The CA allowed a Father’s appeal against final orders providing for no direct contact and a s.91(14) order in a case characterised by systemic failure of the Family Justice system over the 11 years the case had been consistently before the court. The CA found that the Article 8 rights of the Father and child had been violated and that while the judgment appealed was not of itself wrong and thus necessary to set aside the concerns about the process was so strong that per CPR r 52 (11) (3) the outcome was unjust because of a serious procedural or other irregularity. The matter would be restored for an effective full rehearing, first being listed before Mr Justice Moylan to allocate the case to one senior Family Judge.