Champken v Champken [2005] EWCA Civ 320 (28 January 2005)

Champken v Champken [2005] EWCA Civ 320 (28 January 2005)

The committal orders were quashed because the subsequent proven false allegation by the complainant, made immediately after the original judgment and closely resembling the earlier allegations, rendered the original findings unsafe and unreliable.

Citation
[2005] EWCA Civ 320
Parties
Claimant/respondent: Phillip John Champken; Respondent/appellant: Vanessa Clare Champken
Jurisdiction
England and Wales
Judgment Date
28 January 2005
Procedural Posture
Appeal (civil) Contempt Proceedings / Appeal From Worcester County Court Orders of 19th, 29th April and 20th May 2004
Outcome
Appeals allowed; committal orders quashed.
Legal Topics
Committal for Contempt, Credibility of Witnesses, Fresh Evidence on Appeal, Standard of Proof in Contempt Proceedings
Family Law Civil Procedure Contempt of Court Committal for Contempt Credibility of Witnesses Fresh Evidence on Appeal Standard of Proof in Contempt Proceedings

Case Brief

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Parties

Phillip John Champken

Claimant/respondent

Vanessa Clare Champken

Respondent/appellant

Procedural Posture

Appeal (civil) Contempt Proceedings / Appeal From Worcester County Court Orders of 19th, 29th April and 20th May 2004

Legal Issues

  1. 1 Whether the committal orders for contempt against the applicant were unsafe due to unreliable evidence
  2. 2 Whether subsequent false allegations by the complainant undermined the credibility of earlier findings
  3. 3 Whether the appellate court should overturn factual findings based on new evidence

Ratio Decidendi

The committal orders were quashed because the subsequent proven false allegation by the complainant, made immediately after the original judgment and closely resembling the earlier allegations, rendered the original findings unsafe and unreliable.

Court Disposition

Appeals allowed; committal orders quashed.

Orders

  • Order of Judge Coles (20 May 2004) quashed.
  • Order of Judge Mott (29 April 2004) quashed.