COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM DERBY COUNTY COURT
(HIS HONOUR JUDGE ORRELL)
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE WALL
and
MR JUSTICE HOLMAN
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IN THE MATTER OF B (A CHILD) |
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THE FIRST RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED
Ms S Rogers (instructed by Graysons Solicitors) appeared on behalf of the Second Respondent.
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Lord Justice Thorpe:
"I appreciate that this would lead to an adjournment, which is something which the father is unhappy about. The mother and guardian did not express any view as to that suggestion, although I had the impression that they would not actively oppose it, albeit they are not enthusiastic."
The judge then recorded that from NYAS he might at least obtain a view as to whether L was competent to give direct instructions to an advocate. The judge then recorded that Mr B resisted the judge's suggestion and the adjournment and sought an order for NYAS to be appointed guardian. The judge went on to reject that application and it seems that, as a consequence of his rejection, not only did Mr B's application fall but so too did the judge's suggestion that NYAS be again involved.
Lord Justice Wall:
Mr Justice Holman:
Order: Appeal dismissed