Tuesday, 13 September 2016

APPEALING

In most family cases, appeals from circuit judges and recorders will be going to the High Court instead of the Court of Appeal as from 3 October 2016. The changes are made by the swingingly entitled Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) (Amendment) Order 2016 SI 2016/891. This will not affect appeals if notice or appeal was filed with the court before that date. So one judge on appeal instead of three (which many appellants will dislike) and faster and may be quicker and cheaper. 

There are some exceptions to the change. The main ones are appeals from decisions made on an appeal to the family court (so second appeals), in certain public law cases including care, supervision and emergency adoption proceedings and in adoption proceedings. They will continue to go to the Court of Appeal.