S (Children), Re

On a second-tier appeal, the Court of Appeal must refuse permission unless the applicant shows either an important point of principle or practice or another compelling reason under section 55 of the Access to Justice Act 1999. A challenge to fact-finding, expert evidence or dissatisfaction with an earlier judgment does not meet that threshold without a qualifying ground. An objectively hopeless application must be refused.

The applicant father sought permission to appeal an order and judgment of Her Honour Judge Eaglestone in the Manchester County Court dated 15 February 2000. That decision followed an appeal from District Judge Shaw’s judgment of 17 November 1999, which provided for indirect contact with the children and fixed a review. The proposed second-tier appeal focused in substance on the earlier fact-finding, expert evidence and the absence of progress towards direct contact. The central issue was whether the statutory threshold for permission had been satisfied.

1. Statutory threshold. Lord Justice Thorpe held that this was a second-tier appeal. Under section 55 of the Access to Justice Act 1999, the Court of Appeal could not admit the matter to review unless the applicant demonstrated an important point of principle or practice or another compelling reason.
2. Application to the proposed grounds. The applicant’s substantial written bundle and submissions did not identify either statutory ground. His real complaint concerned the judgment of District Judge Shaw, the assessment of the parents’ credibility, the psychologist’s evidence and the absence of contemporaneous notes. Those matters did not disclose a qualifying point or compelling reason for a second appeal.
3. The judge observed that the county court appeal had been conducted carefully and that Judge Eaglestone’s detailed judgment showed careful consideration of the case. The applicant’s pursuit of the appeal had also interrupted the review intended to promote progress towards direct contact. He was urged to concentrate on the forthcoming county court hearing and his work with professionals.
4. The application was objectively hopeless and was refused. Permission to appeal to the European Court of Human Rights was also refused.

• Court of Appeal (Civil Division) — On 12 February 2001, Lord Justice Thorpe refused permission for a second-tier appeal and refused permission to appeal to the European Court of Human Rights.
• Manchester County Court — Her Honour Judge Eaglestone gave judgment on 15 February 2000 on an appeal from District Judge Shaw; the disposition of that appeal is not stated.
• Manchester County Court — District Judge Shaw gave judgment on 17 November 1999, providing for indirect contact and fixing a review for 24 February 2000.