Postscript
99.Although I have refused the applications to dismiss the proceedings at this half-way stage, I do not criticise the Respondents for pursuing those applications. I understand, from the detailed schedules and written submissions received, why it has been submitted ‘if not on the facts of this case, when?’ My refusal to accede to the application provides a further example, if one was needed, of how exceptional the circumstances must be for the court to use its power to dismiss care proceedings without having heard all the evidence. 100.That is my judgment.
- Mr Darren Howe QC:
- The Interim Applications
- The Evidence
- The Law
- [2013] 1 FLR 1250
- Does the Power to Dismiss apply to the facts of this case?
- The Submissions on Behalf of the Local Authority
- The Submissions of the Respondents
- Discussion and Decision
- Further Consideration
- Allegations
- Lucas
- Postscript
