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Family Law

The leading authority on all aspects of family law

09 MAR 2006

CHILD SUPPORT: Giltinane v Child Support Agency, [2006] The Times, 7 April

(Family Division; Munby J; 9 March 2006) [2006] FLR (forthcoming)

There was a very short, non-extendable time limit for appeals against liability orders, the only method of appeal available being by way of case stated. However, where the liability order would otherwise result in a miscarriage of justice, the court had power to give permission to apply for judicial review out of time, and, if there was no other way to give a claimant the justice to which he was entitled, the court had the power to provide a remedy by way of judicial review. In the instant case, the Child Support Agency had misled justices by providing the wrong figures; the miscalculation of the liability had led to a clear miscarriage of justice.

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