L (Children)

L (Children)

There was no procedural unfairness or material irregularity in the conduct of the fact-finding hearing. The judge exercised proper discretion in case management, the evidence was thoroughly evaluated, and the mother's procedural complaints did not disclose any arguable ground for appeal.

Parties
Applicant Mother: MML; Respondent Father: MM; Respondent Children: J and M (Children) by their Guardian
Jurisdiction
England and Wales
Judgment Date
15 November 2012
Procedural Posture
Civil (family Law Children) / Application for Permission to Appeal (post Judgment)
Outcome
Applications for permission to appeal refused
Legal Topics
Permission to Appeal, Fact Finding Hearing, Allegations of Sexual Abuse, Case Management, Expert Evidence, Article 6 ECHR Fair Trial
Family Law Child Welfare Permission to Appeal Fact Finding Hearing Allegations of Sexual Abuse Case Management Expert Evidence Article 6 ECHR Fair Trial

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Parties

MML

Applicant Mother

MM

Respondent Father

J and M (Children) by their Guardian

Respondent Children

Procedural Posture

Civil (family Law Children) / Application for Permission to Appeal (post Judgment)

Legal Issues

  1. 1 Whether the fact-finding hearing was procedurally unfair
  2. 2 Whether the exclusion of oral evidence from expert and professional witnesses was a material irregularity
  3. 3 Whether the judge erred in evaluating the evidence and making findings of fact

Ratio Decidendi

There was no procedural unfairness or material irregularity in the conduct of the fact-finding hearing. The judge exercised proper discretion in case management, the evidence was thoroughly evaluated, and the mother's procedural complaints did not disclose any arguable ground for appeal.

Court Disposition

Applications for permission to appeal refused

Orders

  • All three applications for permission to appeal are refused