Jurisdiction(s):
United Kingdom

England and Wales Court of Appeal clarifies FPR r 3A.7: intermediaries in family cases decided on necessity, person- and task-specific; no ‘exceptional’ gloss; formal, evidence-based applications required

Published on: 23 April 2025

Published by a LexisNexis Family expert

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Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?

Article summary

Re M (A Child: Intermediaries) [2025] EWCA Civ 440

What are the practical implications of this case?

This ruling will resonate with all practitioners working with vulnerable parties. For years, drawing on several High Court authorities, the prevailing approach to intermediaries under FPR 2010, SI 2010/2955, r 3A.7 has been restrained, with appointments or their use viewed as justified only in rare or exceptional situations.

The Court of Appeal has disapproved that constricted reading of the discretionary test. It directs judges to decide matters on the facts of the individual case, attending only to the plain structure of FPR 2010, SI 2010/2955, r 3A.7 and its requirement of ‘necessity’, and to resist adding any gloss or extra hurdles.

The unusual nature of such applications, or the infrequency with which adjournments have been allowed for want of...

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