M (A Child), Re
Permission to appeal is granted and fresh evidence admitted because the new evidence (statements and transcript of a conversation in which the mother allegedly admits fabricating the rape allegation) is potentially decisive and undermines the factual finding of rape against the father.
- Parties
- Applicant: Applicant father; First Respondent: Mother; Third Respondent: J (a Child) by Children’s Guardian
- Jurisdiction
- England and Wales
- Judgment Date
- 23 April 2009
- Procedural Posture
- Care Proceedings (child Protection) / Application for Permission to Appeal (renewed, Oral Hearing)
- Outcome
- Application granted
- Legal Topics
- Care Proceedings, Fact Finding Hearings, Fresh Evidence on Appeal, Allegations of Sexual Violence, Threshold Under Children Act 1989
Case Brief
Summary, issues, holding and outcome
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Parties
Applicant father
Applicant
Mother
First Respondent
J (a Child) by Children’s Guardian
Third Respondent
Procedural Posture
Care Proceedings (child Protection) / Application for Permission to Appeal (renewed, Oral Hearing)
Legal Issues
- 1 Whether the finding of rape against the father should stand in light of fresh evidence
- 2 Whether permission to appeal should be granted
- 3 Whether fresh evidence should be admitted
Ratio Decidendi
Permission to appeal is granted and fresh evidence admitted because the new evidence (statements and transcript of a conversation in which the mother allegedly admits fabricating the rape allegation) is potentially decisive and undermines the factual finding of rape against the father.
Court Disposition
Application granted
Orders
- Permission to appeal granted
- Leave to adduce four statements as fresh evidence granted
Full Case Text
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