Permission to appeal

In re W (children) (permission to appeal) CA TLR 2 August

The only matter for the Court of Appeal on an application for permission to appeal is whether or not the applicant has an arguable case that the order was plainly wrong, fit to present to the full court on appeal. ‘Plainly wrong’ derived from the speech of Lord Frazer of Tullybelton in G v G [1985] 1 WLR 647. Although it was decided before the passing of the Children Act 1989 and the Human Rights Act 1998, there was no doubt that it remains the law and is binding on the Court of Appeal.