Family Law Hub

Re D (A Child) (Appeal Out of Time) [2020] EWHC 1167 (Fam)

The father sought permission to appeal out of time against a district judge's finding of fact that he had abused his daughter. Francis J decided that the findings were so unsafe and their consequences so series that they could not be allowed to stand, despite the exceptional delay in appealing. He noted with surprise the district judge's assertion that the mother's counsel could conduct the cross-examination of the expert witness on behalf of the litigant-in-person father as well as the mother, a suggestion which Francis J said was "incorrect and plainly wrong". The expert had not been cross-examined on his misunderstanding of a previous judgment in the case, and in failing to depart from the expert's view the district judge fell into further error. The procedure adopted was irregular enough to cause injustice within the meaning of FPR Part 30. Permission to appeal out of time was granted, the appeal was allowed and the finding of fact set aside. The matter would be remitted for re-hearing by a High Court judge of the Family Division.

Judgment, published: 19/05/2020

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Published: 19/05/2020

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