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HELP - Same Appeal Judge as Original hearing

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My partner has Autism and OCD, this was not taken into consideration at any point of the Court Proceedings, does this constitute to an unfair trial ?

 

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 ?

 

Any help or advice would be much appreciated.

 

Many Thanks

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Hi.

 

What kind of case is this an appeal for please?

 

HB


Illegitimi non carborundum

 

 

 

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

 

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

 

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

 

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

 

Thanks.

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What was the judgment / clarification of point of law by the appeal court (that had to be considered by the original court it was sent back to?).

The appeal may have felt that the original judge had 'misdirected themselves', or may have viewed it instead as a point of law needing clarification, and that might impact on if the same judge should re-hear the case when it was remitted back to the local court.

 

These cases would normally be heard by the Family Division of the High Court, and would be High Court even if heard outside of London, the difference being they would be heard by a District Judge outside of London, and (usually) (at least) a High Court judge within London.

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No IMO it is not unusual for 1Judge to refer the case back to original Court/Judge for Review.

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