Court of Appeal Success for Family Department
Article date: 27.01.10
Steven Howard from our Family Department recently acted for a father in a family case in which the mother of the child alleged that the father had raped her. The finding was successfully appealed by us on the father’s behalf.
Before the appeal, the father covertly recorded the mother making admissions that she had lied about the rape to the Court. The problem was whether the Court could consider the fresh evidence at all.
On appeal to the Court of Appeal, the Court read the transcript of the fresh evidence. They decided that it raised serious concerns about the mother’s credibility, and that the impact of the evidence, had the County Court judge heard it, would have made him seriously consider the truthfulness of the allegation. Consequently, the Court of Appeal took the unusual step of overruling the judge’s decision in the County Court and declared that the allegation of rape was not proved.
Additionally, the Court gave guidance confirming that whenever a judge made findings of fact, the judge should record in the order he makes at the end of the fact finding hearing the allegations he found proved.
We are very pleased to have been successful on the father’s behalf in this appeal, which is reported as Re M (A Child) [2009] EWCA Civ 1385.
