K v W (fact-finding hearing: permission to appeal and adducing new evidence)

K v W (fact-finding hearing: permission to appeal and adducing new evidence)

Permission to appeal is refused on all grounds as none have a real prospect of success; the findings of fact by the District Judge were supported by evidence, the correct legal principles were applied, and any procedural deficiencies should have been raised with the trial judge. The application to adduce fresh evidence is dismissed as it does not meet the Ladd v Marshall test and was withdrawn by the applicant's counsel.

Parties
Appellant/mother: K; Respondent/father: W
Jurisdiction
England and Wales
Judgment Date
04 September 2024
Procedural Posture
Family Law Children Act Proceedings / Permission to Appeal From Fact Finding Hearing; Application to Adduce New Evidence
Outcome
Permission to appeal refused; application to adduce fresh evidence dismissed; application for wasted costs withdrawn.
Legal Topics
Domestic Abuse, Fact Finding Hearing, Permission to Appeal, Adducing Fresh Evidence, Child Arrangements, Non Molestation Orders
Family Law Child Law Domestic Abuse Fact Finding Hearing Permission to Appeal Adducing Fresh Evidence Child Arrangements Non Molestation Orders

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Parties

K

Appellant/mother

W

Respondent/father

Procedural Posture

Family Law Children Act Proceedings / Permission to Appeal From Fact Finding Hearing; Application to Adduce New Evidence

Legal Issues

  1. 1 Whether permission to appeal should be granted against findings of fact in a Children Act 1989 case
  2. 2 Whether the court should allow the mother to adduce fresh evidence (audio recording) on appeal

Ratio Decidendi

Permission to appeal is refused on all grounds as none have a real prospect of success; the findings of fact by the District Judge were supported by evidence, the correct legal principles were applied, and any procedural deficiencies should have been raised with the trial judge. The application to adduce fresh evidence is dismissed as it does not meet the Ladd v Marshall test and was withdrawn by the applicant's counsel.

Court Disposition

Permission to appeal refused; application to adduce fresh evidence dismissed; application for wasted costs withdrawn.

Orders

  • Matter to return to District Judge for directions hearing on 3 November 2023 via Teams.
  • Mother to file and serve a statement by 4pm on 31 October 2023 in response to findings and proposals for the way forward.