QC v UC & Ors

QC v UC & Ors

The grounds of appeal do not demonstrate that the trial judge erred in law, misapplied the evidence, or acted unjustly. The judge gave proper consideration to the appellant's position as a litigant in person, thoroughly evaluated the credibility of both parties, and applied the correct legal principles. There is no realistic prospect of success on appeal, nor any compelling reason for the appeal to be heard.

Parties
Applicant/appellant (father): QC; 1st Respondent (mother): UC; 2nd – 5th Respondents (children): SC, HC, BC, and BC (by their Guardian)
Jurisdiction
England and Wales
Judgment Date
31 January 2019
Procedural Posture
Family Law Child Arrangements/fact Finding Appeal / Application for Permission to Appeal (renewed Oral Hearing)
Outcome
Appeal dismissed; permission to appeal refused.
Legal Topics
Appeals, Fact Finding Hearings, Credibility of Witnesses, Self Representation, Child Arrangements, Procedural Fairness
Family Law Child Law Appeals Fact Finding Hearings Credibility of Witnesses Self Representation Child Arrangements Procedural Fairness

Case Brief

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Parties

QC

Applicant/appellant (father)

UC

1st Respondent (mother)

SC, HC, BC, and BC (by their Guardian)

2nd – 5th Respondents (children)

Procedural Posture

Family Law Child Arrangements/fact Finding Appeal / Application for Permission to Appeal (renewed Oral Hearing)

Legal Issues

  1. 1 Whether the trial judge erred in making findings of fact against the appellant father
  2. 2 Whether there was procedural unfairness due to the appellant being a litigant in person
  3. 3 Whether the trial judge failed to properly assess credibility and evidence

Ratio Decidendi

The grounds of appeal do not demonstrate that the trial judge erred in law, misapplied the evidence, or acted unjustly. The judge gave proper consideration to the appellant's position as a litigant in person, thoroughly evaluated the credibility of both parties, and applied the correct legal principles. There is no realistic prospect of success on appeal, nor any compelling reason for the appeal to be heard.

Court Disposition

Appeal dismissed; permission to appeal refused.

Orders

  • The application for permission to appeal is dismissed.
  • The anonymity of the children and family members must be strictly preserved in any publication.