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HELP - Unfair Appeal Trial with the SAME Judge

Family Law, Children, Adoption

HELP - Unfair Appeal Trial with the SAME Judge

Postby Abstract » Wed Feb 14, 2018 6:23 pm

Is it against the rules to have the Same Judge at your Appeal hearing, as at your original trail, in the (secret) Family Courts ?
If other rules were also breached, causing an unfair trial, can I subsequently take any action in respect of these ?
In the case of Social Services lies to take child.

Please help.

Many Thanks.
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Re: HELP - Unfair Appeal Trial with the SAME Judge

Postby atticus » Wed Feb 14, 2018 10:32 pm

Q1. That does not sound right. Whether this gives grounds for appeal or to seek a rehearing I cannot say on the information provided. Nor am I a family practitioner.

Family courts sit in private.
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Re: HELP - Unfair Appeal Trial with the SAME Judge

Postby Abstract » Wed Feb 14, 2018 10:37 pm

Hi, it was a forced adoption case, the original hearing in the Luton Courts, Judged by HHJ X where my partner was misled by social services.

Then an appeal hearing was started, and it was sent to London Courts, heard by Justice Y.

It was then refereed back to the Luton Courts, where the appeal was heard by HHJ X.

Surely a conflict of interests, my understanding is that the appeal Judge is there to check what the original Judge has done wrong.

Thanks.
Last edited by Smouldering Stoat on Wed Feb 14, 2018 10:47 pm, edited 1 time in total.
Reason: No names!
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Re: HELP - Unfair Appeal Trial with the SAME Judge

Postby atticus » Wed Feb 14, 2018 10:48 pm

Are you sure that the appeal judge in London did not send the case back to Luton for rehearing?

Did you let the first judge know at the start of the second hearing in Luton that you objected to him conducting that hearing?
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Re: HELP - Unfair Appeal Trial with the SAME Judge

Postby dls » Fri Feb 16, 2018 6:35 am

It does not sound like an appeal.

It is very common, when an appeal has been sucessful, for the appeal cour to remit the case to be reheard. It does depend on the nature of the fault found in the original judgment. A party can at that appeal request that it be remitted to a different court / judge, but there usually has to be a good reaon to choose a different judge.

The advantage to the parties is that whoever hears the case will already have a substantiall understanding of the facts, and has been told his mistake and should not make it again.


Sorry, but there is no such thing as an 'appeal trial'
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