Champken v Champken

Champken v Champken

The decision of Judge Coles was unsafe because the fresh evidence of a false allegation by the complainant, made immediately after the committal hearing and closely resembling earlier allegations, undermined the reliability of her evidence and the safety of the committal orders.

Parties
Applicant/respondent: Phillip John Champken; Respondent/appellant: Vanessa Clare Champken
Jurisdiction
England and Wales
Judgment Date
28 January 2005
Procedural Posture
Civil Appeal Contempt Proceedings / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; committal orders quashed
Legal Topics
Contempt of Court, Injunctions, Credibility of Witnesses, Fresh Evidence on Appeal
Family Law Civil Procedure Contempt of Court Injunctions Credibility of Witnesses Fresh Evidence on Appeal

Case Brief

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Parties

Phillip John Champken

Applicant/respondent

Vanessa Clare Champken

Respondent/appellant

Procedural Posture

Civil Appeal Contempt Proceedings / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the findings of contempt against the applicant were unsafe due to unreliable evidence
  2. 2 Whether fresh evidence undermined the credibility of the complainant and the safety of the committal orders

Ratio Decidendi

The decision of Judge Coles was unsafe because the fresh evidence of a false allegation by the complainant, made immediately after the committal hearing and closely resembling earlier allegations, undermined the reliability of her evidence and the safety of the committal orders.

Court Disposition

Appeal allowed; committal orders quashed

Orders

  • Order of Judge Coles quashed
  • Order of Judge Mott quashed