AB v CD & Anor

AB v CD & Anor

The judge's compartmentalised approach to evidence, insufficient analysis of credibility, and inclusion of unproven allegations in the order rendered the findings unsafe; the appeal is allowed and findings set aside.

Parties
Appellant: AB; Respondent: CD; Respondent: A
Jurisdiction
England and Wales
Judgment Date
30 March 2021
Procedural Posture
Family Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Fact Finding, Credibility Assessment, Appeal, Domestic Abuse, Child Contact, Lucas Direction
Family Law Fact Finding Credibility Assessment Appeal Domestic Abuse Child Contact Lucas Direction

Case Brief

Summary, issues, holding and outcome

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Parties

AB

Appellant

CD

Respondent

A

Respondent

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in compartmentalising evidence and failing to consider allegations holistically
  2. 2 Whether the judge failed to properly assess credibility and provide adequate reasons
  3. 3 Whether the absence of a Lucas direction rendered findings unsafe

Ratio Decidendi

The judge's compartmentalised approach to evidence, insufficient analysis of credibility, and inclusion of unproven allegations in the order rendered the findings unsafe; the appeal is allowed and findings set aside.

Court Disposition

appeal allowed

Orders

  • findings of the Recorder set aside
  • matter remitted for rehearing