D v R

D v R

The court below failed to comply with its mandatory duty to consider and make participation directions for a vulnerable party under FPR Part 3A and Practice Direction 3AA in a case involving allegations of domestic abuse. This procedural failure resulted in an unfair hearing, requiring the findings to be set aside and the matter remitted for reconsideration before a different judge.

Parties
Applicant: D; Respondent: R
Jurisdiction
England and Wales
Judgment Date
24 February 2023
Procedural Posture
Family Appeal / Appeal Judgment
Outcome
Appeal allowed; findings set aside; matter remitted for rehearing before a different judge.
Legal Topics
Domestic Abuse, Vulnerable Witnesses, Participation Directions, Fact Finding Hearings, Procedural Fairness
Family Law Domestic Abuse Vulnerable Witnesses Participation Directions Fact Finding Hearings Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

D

Applicant

R

Respondent

Procedural Posture

Family Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the court below failed to comply with its duties under FPR Part 3A and Practice Direction 3AA regarding vulnerable witnesses in cases involving allegations of domestic abuse
  2. 2 Whether the failure to consider or make participation directions rendered the fact-finding hearing unfair

Ratio Decidendi

The court below failed to comply with its mandatory duty to consider and make participation directions for a vulnerable party under FPR Part 3A and Practice Direction 3AA in a case involving allegations of domestic abuse. This procedural failure resulted in an unfair hearing, requiring the findings to be set aside and the matter remitted for reconsideration before a different judge.

Court Disposition

Appeal allowed; findings set aside; matter remitted for rehearing before a different judge.

Orders

  • Findings of fact set aside
  • Matter remitted to Designated Family Judge for directions within three weeks