Case No: B4/2007/2722
Neutral Citation Number: [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)
Royal Courts of Justice
Strand, London, WC2A 2LL

Date: Tuesday, 8th January 2007

Before:

LORD JUSTICE LONGMORE
and
LADY JUSTICE SMITH DBE
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IN THE MATTER OF S (A Child)

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(DAR Transcript of 
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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.
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Judgment
Lord Justice Longmore:

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.