Family Law Hub

Evidence

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  • The father sought the summary return of his son to California. HHJ Robertshaw allowed oral evidence on the issue of acquiescence but found that very little of value or relevance was gained. The written communications did not support a defence of acquiescence under Article 13(a), and the judge was satisfied that adequate arrangements could be made to secure the child's protection after his return, so the defence under Article 13(b) (grave risk of harm/intolerability) also failed. A return order was made. Judgment, 08/05/2019, free
  • Wife's application within financial remedy proceedings for a whistle-blower's statement to be admitted as evidence was refused. The new material fell well short of being capable of establishing fraud or iniquity that would justify overriding or ignoring the legal professional privilege which otherwise would attach to all that the whistle-blower's statement describes. Judgment, 28/02/2019, free
  • To be broadcast live on 6th March 2019. Listen in free on the day. News, 20/01/2019, free
  • The Court of Appeal refused the mother (“M”) permission to appeal an earlier decision to refuse to admit expert evidence obtained by M without the court’s permission and without notice to the other parties. M's actions were a clear breach of s.13 Children and Families Act 2014. Judgment, 15/05/2018, free
  • In this financial remedy case, the Claimant showed that there was sufficient evidence to show that further material should have been before the District Judge and that there was a substantial chance that such material would have led to a materially different order. In respect of his damages claim, the court ruled that the alleged consequential losses set out in the Particulars of Claim were outside the scope of the Defendants' duty and as such are irrecoverable; the damages claim would therefore need to be reformulated. Judgment, 15/05/2018, free

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