LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
(Court of Appeal, Lord Judge LCJ, McFarlane, Richards LJJ, 29 June 2012)
An appeal from  EWHC 1774 (Admin),  2 FLR 1206, a decision in which permission to bring judicial review proceedings in respect of the duty of Cafcass to appoint a guardian in a timely manner was refused. The Appeal was only capable of succeeding if an individual duty of immediate appointment of a guardian existed.
In dismissing the appeal the Court of Appeal held that it was not possible to read into s 12(1)(c) and s 12(2) of the Criminal Justice and Court Services Act 2000 anything more than a general or target duty to appoint.
The Red Book is the acknowledged authority on practice and procedure