Family law appeals – “real prospect of success” does what it says on the tin!

The High Court has revisited the test when considering appeals. Rule 30.3(7) of the Family Procedure Rules 2010 states that in order for the Court to grant permission to appeal, an applicant must show “a real prospect of success.”

The Court has sought to further elaborate or define what “real” means and also elaborate on appeals which would not meet this test. Mr Justice Peter Jackson has considered this in H v G (Adoption Appeal) [2013] and reiterated that as far as he is concerned, no further elaboration of “real prospect of success” is necessary or helpful and that previous use of antonyms for example where the application has been described as not fanciful, capricious, whimsical or absurd is wrong and would set the threshold too low.

The result therefore is that the Court still requires the potential appellant to show that there is a real prospect of success and that each case will be judged on its own merits.

Appeals can be a difficult area of law and specialist advice should be sought. Here at James Maguire & Co we are all family law solicitors and have specialist knowledge of all areas of family law, including specialisms in niche areas of family law including international children law, child abduction and enforcement of reciprocal maintenance orders.

James Maguire & Co is a specialist firm of Family Law and Divorce Law solicitors based in Wilmslow, Cheshire. We offer legal advice to parties going through a divorce including the financial issues which flow from this and children matters including child maintenance.

We can also advise on Schedule1 Children Act 1989 applications.

We advise clients in the Wilmslow area and also to the surrounding areas of Alderley Edge, Bramhall, Hale, Altrincham, Manchester and the North West. We are also able to act for clients nationally and internationally subject to the jurisdiction of England and Wales. For advice please contact James Maguire by telephone +44 (0) 1625 529456 or by email james.maguire@family-law.