Appeal judges always available

In re A (a child) (change of residence) CA TLR 27 June

It is in principle unsatisfactory that the Court of Appeal should be considering criticisms of a judgment that has already been implemented. On 30 March the recorder had ordered the transfer of the residence of the child from the mother to the father, refusing a stay pending an appeal. The appeal was not heard until 15 June. The Court of Appeal wished to draw attention to the fact that Court of Appeal judges are available even out of hours through either the security officers or Deputy Master De Mambro for consideration of an immediate stay. That would have given time for the documents to be sent through to the Court of Appeal. Subsequent short stays might then have been granted, which should have resulted in an earlier hearing and an earlier dismissal of the appeal.