W (Children), Re

An appeal serves no practical purpose where the order challenged has been overtaken by subsequent events. On a renewed application for permission to appeal, the court’s function is confined to deciding whether there is a proper purpose in pursuing an appeal against the specified order. Wider grievances or other remedies available to the applicant do not enlarge that function.

Mr W, appearing in person, renewed an application for permission to appeal after permission had been refused on paper. The proposed appeal concerned an order made by McFarlane J in the Family Division on 17 September 2007, adjourning the matter until 30 October. By the time of the renewed application, the hearing had taken place and a substantive order concerning indirect contact and other directions had been made. The respondent was neither present nor represented. The central issue was whether any purpose remained in appealing the superseded adjournment order.

1. Permission to appeal refused. The order of 17 September 2007 had been entirely overtaken by events. The matter had subsequently been heard on 30 October and a substantive order had been made. There was therefore no useful purpose in permitting an appeal against the earlier adjournment order.
2. The court’s function on the application was very limited. It was required to consider only whether permission should be granted to appeal the specified order. The appellant’s wider sense of grievance, and his wish to pursue possible criminal investigations, prosecutions or other remedies, did not provide a reason to revive an appeal which had become academic.
3. The appellant also sought the judge’s recusal, alleging that the judges who had historically dealt with the case were perceived by him as corrupt and biased. The judge found no reason to recuse himself on this application, while indicating that a future application might appropriately be heard by another judge so that it could be considered afresh.
4. The formal order was: Application refused.

1. Court of Appeal (Civil Division): on 12 December 2007, the renewed application for permission to appeal was refused because the challenged order had been overtaken by subsequent events: [2007] EWCA Civ 1455.
2. High Court of Justice, Family Division: McFarlane J made the challenged adjournment order on 17 September 2007, later making a substantive order on 30 October 2007.