Re S (A Minor) (Independent Representation)

JurisdictionEngland & Wales
Judgment Date1993
Date1993
Year1993
CourtCourt of Appeal (Civil Division)
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26 cases
  • C (Child: Ability to Instruct Solicitor)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 26 Julio 2023
    ...have been a number of judicial considerations of this question. Important early decisions of this court were given in Re S (A Minor) (Independent Representation) [1993] 2 W.L.R. 801, [1993] 2 FLR 437 and Re CT (above). In the former case, Sir Thomas Bingham MR said this at 814F: “The Act ......
  • Re H (A Minor) (Independent Representation)
    • United Kingdom
    • Family Division
    • Invalid date
    ...application: (1) The test to be applied when considering such applications was laid down in Re S (A Minor) (Independent Representation)[1993] 2 FCR 1, namely, whether the child had sufficient understanding to participate as a party in proceedings. That test should be considered in the light......
  • Vigreux v Michel
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 Mayo 2006
    ...2 FLR 1042. R (child abduction: acquiescence), Re[1995] 2 FCR 609, [1995] 1 FLR 716, CA. S (a minor) (independent representation), Re[1993] 2 FCR 1, [1993] 3 All ER 36, [1993] Fam 263, [1993] 2 WLR 801, [1993] 2 FLR 437, T (abduction: child’s objections to return), Re [2000] 2 FLR 192. Z v ......
  • W (A Child)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 1 Noviembre 2016
    ...litem." Thorpe LJ reviewed some of the cases in which the question of the child's understanding had arisen. He referred to Re S (A Minor)(Independent Representation) [1993] Fam 263, [1993] 2 FLR, from which it is clear that everything depends on the individual child in his actual situation ......
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3 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Adoption Law - A Practical Guide Content
    • 29 Agosto 2020
    ...M v S (Consent: Missing Parent) [1999] 2 FLR 374, 1999 SC 388, 1999 SLT 571, Ct of Sess 66, 67 S (Independent Representation), Re [1993] Fam 263, [1993] 2 WLR 801, [1993] 3 All ER 36, CA 81 S (Parent as Child: Adoption: Consent), Re [2017] EWHC 2729 (Fam), [2018] 2 WLR 1029, [2018] 2 FLR 11......
  • “Dear Judge, I am writing to you because I think it's pathetic”: Re A-H (Children)
    • United Kingdom
    • Edinburgh Law Review No. , June 2009
    • 1 Junio 2009
    ...The Scottish judiciary is, however, well aware of the vulnerabilities of childhood.2525Re S (A Minor) (Independent Representation) [1993] Fam 263; Mabon v Mabon [2005] EWCA Civ 634; Ellis v Ellis 2003 Fam LR 77. Questions of practicability can arise when the child's “views” appear to be an ......
  • Criteria to Be Applied - Welfare Must Be the Paramount Consideration
    • United Kingdom
    • Wildy Simmonds & Hill Adoption Law - A Practical Guide Content
    • 29 Agosto 2020
    ...placement order, so there will have been opportunities to ascertain the child’s wishes and feelings. In Re S (Independent Representation) [1993] Fam 263, on the issue of ‘understanding’, Sir Thomas Bingham MR (at page 276B–C; see also pages 279H–280E) stated that: in the ordinary way it is ......

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