S (A Child) [2008] EWCA Civ 60

Case No B4/2007/2722[2008] EWCA Civ 60
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE, FAMILY DIVISION
(MRS JUSTICE HOGG)
Venue Royal Courts of Justice, Strand, London, WC2A 2LLDate Tuesday, 8 th January 2007
Before
LORD JUSTICE LONGMORELADY JUSTICE SMITH DBE
IN THE MATTER OF S (A Child)
(DAR Transcript of
WordWave International Limited
A Merrill Communications Company
190 Fleet Street, London EC4A 2AG
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Official Shorthand Writers to the Court)
Mr N Padfield QC (instructed by Messrs Levison Meltzer Piggott) appeared acting pro bono on behalf of the Appellant.
Ms K Macmillan (instructed by Yaylor Macmillan LLP) appeared on behalf of the Respondent.
Judgment
[1]Well, all parties have had very little notice of this application, including the court. We have had to make a decision in very short order. We do not think it is appropriate for us to give permission to appeal at this stage but we do consider that there is at least some prospect of permission to appeal being granted in due course by this court. Since we do consider there is at least that prospect, we then further consider today that we should hold the ring, so to speak, pending that further decision of the court; and it must therefore follow that S should be permitted to sit the examination for Cheltenham Ladies College tomorrow or Thursday and Friday, and we say that because, without such an order being made, any appeal, if permission were eventually to be granted, would be frustrated and we think that would at this stage be inappropriate.

Order

Application adjourned.

Cited in 1 later judgment