J & K (Children)

J & K (Children)

The judge's finding of anal intercourse could not stand due to deficiencies in reasoning and lack of support. However, the parties agreed on a revised threshold statement, allowing the appeal and permitting the case to proceed to disposal without a retrial.

Parties
Appellant: Appellant; First Respondent: First Respondent; Second Respondent: Second Respondent; Fourth Respondent: Fourth Respondent
Jurisdiction
England and Wales
Judgment Date
09 May 2006
Procedural Posture
Appeal (family Law) / Appeal From High Court Judgment on Threshold Criteria in Public Law Children Case
Outcome
Appeal allowed. Permission to appeal granted.
Legal Topics
Threshold Criteria, Findings of Fact, Appeal Procedure, Judicial Reasoning
Family Law Child Protection Threshold Criteria Findings of Fact Appeal Procedure Judicial Reasoning

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

First Respondent

First Respondent

Second Respondent

Second Respondent

Fourth Respondent

Fourth Respondent

Procedural Posture

Appeal (family Law) / Appeal From High Court Judgment on Threshold Criteria in Public Law Children Case

Legal Issues

  1. 1 Whether the judge's findings on threshold criteria, particularly anal intercourse, could stand
  2. 2 Whether the judgment was so defective as to require a retrial or could be salvaged

Ratio Decidendi

The judge's finding of anal intercourse could not stand due to deficiencies in reasoning and lack of support. However, the parties agreed on a revised threshold statement, allowing the appeal and permitting the case to proceed to disposal without a retrial.

Court Disposition

Appeal allowed. Permission to appeal granted.

Orders

  • Permission to appeal allowed
  • Appeal allowed