Review or appeal?

Walley v Walley CA TLR 13 July

The High Court judge erred in granting permission to appeal out of time an order she had previously made, when she should have simply dealt with a matter herself, either under the express provision for liberty to apply, or under the inherent jurisdiction to review the implementation of her previous order. In Re M (abduction: undertakings) [1995] 1 FLR 1021 the judge could not deal with the matter and it had to go to the Court of Appeal, but the present case was quite different. Here, the conditions to which the order for return of a child was subject had not been put in place. The High Court remained seised of the application either under the express liberty to apply or under the inherent jurisdiction of the court to review the implementation of its order.