Dunkley v Dunkley & Anor [2018] EWFC 5 (26 January 2018)

Dunkley v Dunkley & Anor [2018] EWFC 5 (26 January 2018)

The application is a manifestly abusive collateral attack on the First-tier Tribunal's final decision, where all appeal rights have been exhausted. No new conclusive evidence (such as DNA) is available that could not have been obtained previously. Permitting re-litigation would bring the administration of justice into disrepute.

Citation
[2018] EWFC 5
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
Application for Declaration of Parentage Under Section 55 a Family Law Act 1986 / Final Judgment
Outcome
Application dismissed
Legal Topics
Parentage Declaration, Res Judicata, Issue Estoppel, Abuse of Process, DNA Evidence, Deportation, British Citizenship by Descent
Family Law Immigration Law Civil Procedure Parentage Declaration Res Judicata Issue Estoppel Abuse of Process DNA Evidence +2 more

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Parties

Andre Leroy Dunkley

Applicant

Leroy Augustus Dunkley

First Respondent

Pamela Annemarie Harris

Second Respondent

Procedural Posture

Application for Declaration of Parentage Under Section 55 a Family Law Act 1986 / Final Judgment

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 constitutes an abuse of process as a collateral attack on a previous tribunal decision
  3. 3 Whether res judicata or issue estoppel applies to bar the application

Ratio Decidendi

The application is a manifestly abusive collateral attack on the First-tier Tribunal's final decision, where all appeal rights have been exhausted. No new conclusive evidence (such as DNA) is available that could not have been obtained previously. Permitting re-litigation would bring the administration of justice into disrepute.

Court Disposition

Application dismissed

Orders

  • Application for declaration of parentage under section 55A Family Law Act 1986 is dismissed.