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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Justice Bodey v R (Children) [2002] EWCA Civ 1465 (7 October 2002) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2002/1465.html Cite as: [2002] EWCA Civ 1465 |
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM BOW COUNTY COURT
(HIS HONOUR JUDGE HORNBY)
Strand London, WC2 Monday, 7th October 2002 |
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B e f o r e :
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R (CHILDREN) |
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(Computer-Aided Transcript of the Stenograph Notes of
Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
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Crown Copyright ©
"Well I ask you, if that is what you think is sensible, then I really wonder whether you've got your brains entirely in your head at the moment."
"[The judge]took an inquisitorial role and, desperate to avoid a residence trial, he began to bully and insult my client into accepting his view of what contact should be agreed. At the end of one long tirade against my client he said there must be 'something wrong with his brain' [the phrase I have just mentioned] if he could not see what he the judge was saying. This was very intimidating to my client, whom I advised to object to the judge insulting him, but he was by now too intimidated to say anything. In the end Mr R courageously stood his ground and Judge Hornby angrily admitted defeat and ordered that the 13 December 2001 trial date for residence should stand."
"The Father: sorry, could it be not before Judge Hornby on this date?Could you stick that -- put that in your order please?
Judge Roberts:What do you say about that, Miss Gill?
Miss Gill: I have to say in view of the allegations that are made by Doctor Pelling in his statement about -- --
Judge Roberts: Yes, we're going to a hostage for fortune, isn't it?
Miss Gill:I think it would be better if this doesn't go before His Honour Judge Hornby, because clearly there is almost a ready made excuse there for anyone who wants to take the matter further. So I think it probably would be better.
Judge Roberts:Yes, I don't think I'll make it a specific order but I will have a word with the resident judge of this court and I will explain the position. And so you -- the reason why I'm not specifically making an order for it is that this isn't my regular court and I shan't be here, do you see, Mr R?It's a bit difficult for me to bind other judges of this court, but I will say that I will mention the matter to the resident judge, His Honour Judge Bradbury. And no doubt arrangements can be made."
"... nor after his insults and prejudicial attitude am I prepared to take part in any trial conducted by His Honour Judge Hornby."
"I don't think it is sensible for this case to be adjourned at all. I don't think there is anything in the allegations, but without the transcript to demonstrate that such allegations are nonsense, I don't feel safe to allow this matter to proceed today. I don't think it is in the interests of the children to delay this matter. Having heard Dr Pelling and read the statements, I don't think this application is motivated remotely by the things that Mr R [the father] says. It seems to me he is just trying to harass the mother as much as possible. Unfortunately however, I have to accept it is possible that I may have used quite strong language. It does need to be seen in its context, but if I were to hear the matter today, I can see Dr Pelling and Mr R going straight off to the Court of Appeal and more delay arising and more upset for the mother and the children. I don't think that would be in the interests of this family at all. I want to avoid it. Accordingly, for the reasons which I am bound to say I feel extremely unhappy about (because I don't think the decision I am making is in the best interests of this family) I am going to allow this adjournment which should, in my judgment, have been preceded by formal and proper application being made, but has not been."
"It is clear from that exchange [the exchange with Judge Roberts] that the possibility existed that the [resident] judge might take the view that it should be listed before him and not myself, or alternatively, not take that view. Judge Roberts did not bind himself one way or the other."
"... he [Dr. Pelling ] knew that, of course, there was the possibility that I would not form the view that I should stand down. There was a possibility that I would saying say, 'I'm going to go on'".