Re B.(an Infant)
| Jurisdiction | England & Wales |
| Judge | THE MASTER OF THE ROLLS,LORD JUSTICE MORRIS,LORD JUSTICE PEARCE |
| Judgment Date | 26 July 1957 |
| Judgment citation (vLex) | [1957] EWCA Civ J0726-1 |
| Court | Court of Appeal |
| Date | 26 July 1957 |
[1957] EWCA Civ J0726-1
In The Supreme Court of Judicature
Court of Appeal
the Master of the Rolls
(Lord Evershed)
Lord Justice Morris And
Lord Justice Pearce.
Mr. ROBIN SIMPSON (instructed by Messrs. Kinch & Richardson, Agents for Messrs. Copley, Singleton & Billson, Croydon) appeared on behalf of the Appellant (Mother).
Mr. J.B.R. RAZAN (instructed by Mr. Norman W. Parris) appeared on behalf of the Respondent (Applicant).
Mr. CONOLLY GAGE (instructed by Messrs. Sharpe Pritchard & Co.) appeared on behalf of the Croydon Corporation (gusrdian ad liten).
: This case arises under the jurisdiction conferred upon the County Court by the Adeption Act. 1950. Upon the merite of the present appeal. I propose to any very little in deed. The substance of the case made by Mr. Simpson, for the infant's mother, is this: that on Order was made on the 25th February last by the learned County Court Judge for the adoption of the child by the present Respondent, and that the County Court Judge, exercising the jurisdiction which section 3 subsection 1 of the Act conferey upon him, dispensed with the consent of the infant's mother - though it is not clear upon which of the ground that the section present the juriediction was exercised. In actual fact, the mother (whose address was known to the County Court Judge at the time, though she lives far away in south Austrslis) does not consent to the Order; and we have come to the conclusion that it would not be right, in all the circumstances, that an Order for the adoption of this boy should be made at any rate without giving to the mother a proper opportunity of presenting her case to the County Court. Subject, then, only to the question of our jurisdiction, we propose to order that the County Court Judge's Order of the 25th February be set aside, and that the matter be rfferred back to the County Court. In accordance with our usual practice - which does not imply any reflection of course, upon the partioular county Court Judge - we also directthat the matter be harad by another County Court Judge of the appropriate district.
In the course of the argument upon the substance of the mother of this infant, being a person whose consent was required under sub-section 4 of section 2 of the Act, unless dispensed with, was a person upon whom the noties was required to be served. That, however, is subject to the effect of the provisc which I have road. I am not ontirely clear whether in point of fact the terms of that proviso were strictly complied with - whether, on ony such application as is there indicated, any order was made dispensing with service of the notice. For present purposes, however, that does not matter.
Mr. Simpson has argued, for the mother, that she is a person...
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