Dunkley v Dunkley & Anor

Dunkley v Dunkley & Anor

The application is a manifestly abusive collateral attack on the earlier judgment of the First-tier Tribunal, where the issue of paternity was fully litigated and all appeal rights exhausted. No new evidence (such as DNA) is presented that could not have been obtained previously. Permitting re-litigation would bring the administration of justice into disrepute.

Parties
Applicant: Andre Leroy Dunkley; First Respondent: Leroy Augustus Dunkley; Second Respondent: Pamela Annemarie Harris
Jurisdiction
England and Wales
Judgment Date
26 January 2018
Procedural Posture
Declaration of Parentage / Judgment After Hearing
Outcome
Application dismissed
Legal Topics
Declaration of Parentage, Res Judicata, Issue Estoppel, Abuse of Process, Collateral Attack on Judgment
Family Law Immigration Law Civil Procedure Declaration of Parentage Res Judicata Issue Estoppel Abuse of Process Collateral Attack on Judgment

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Parties

Andre Leroy Dunkley

Applicant

Leroy Augustus Dunkley

First Respondent

Pamela Annemarie Harris

Second Respondent

Procedural Posture

Declaration of Parentage / Judgment After Hearing

Legal Issues

  1. 1 Whether the applicant is entitled to a declaration of parentage under section 55A of the Family Law Act 1986
  2. 2 Whether the application is barred by res judicata, issue estoppel, or abuse of process due to prior immigration tribunal findings

Ratio Decidendi

The application is a manifestly abusive collateral attack on the earlier judgment of the First-tier Tribunal, where the issue of paternity was fully litigated and all appeal rights exhausted. No new evidence (such as DNA) is presented that could not have been obtained previously. Permitting re-litigation would bring the administration of justice into disrepute.

Court Disposition

Application dismissed