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Negligence – Damage. The claimant was a father seeking access to his son within the family court system. He brought a claim against the Children and Family Court Advisory and Support Service (CAFCASS) contending that their negligent behaviour amounted to misfeasance in public office and also disproportionately breached his right to private and family life under art 8 of the European Convention of Human Rights and under the Human Rights Act 1998. He sought damages against CAFCASS. The Queen's Bench Division held that the instant was not a case in which it was fair, just and reasonable to impose a duty of care on CAFCASS towards the claimant.
Negligence – Damage. The claimant was a father seeking access to his son within the family court system. He brought a claim against the Children and Family Court Advisory and Support Service (CAFCASS) contending that their negligent behaviour amounted to misfeasance in public office and also disproportionately breached his right to private and family life under art 8 of the European Convention of Human Rights and under the Human Rights Act 1998. He sought damages against CAFCASS. The Queen's Bench Division held that the instant was not a case in which it was fair, just and reasonable to impose a duty of care on CAFCASS towards the claimant.
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