A (Appeal: Findings of Fact), Re

A (Appeal: Findings of Fact), Re

The Recorder's findings on the allegation of rape were abstruse, inconsistent, and ambiguous, lacking sufficient reasoning and analysis to support the conclusion; therefore, the finding must be set aside as rationally unsupportable.

Parties
Appellant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
23 May 2025
Procedural Posture
Family Appeal / Appeal Judgment
Outcome
Appeal allowed in respect of ground 5; Recorder's finding of rape set aside.
Legal Topics
Fact Finding Hearings, Domestic Abuse, Allegations of Rape, Children Act Proceedings, Judicial Continuity, Case Management
Family Law Fact Finding Hearings Domestic Abuse Allegations of Rape Children Act Proceedings Judicial Continuity Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

F

Appellant

M

Respondent

Procedural Posture

Family Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Recorder's finding of rape was supported by cogent reasoning
  2. 2 Whether the Recorder's judgment displayed sufficient clarity and analysis on the allegation of rape
  3. 3 Whether the Recorder erred in her approach to sexual allegations by failing to consider the evidence as a whole

Ratio Decidendi

The Recorder's findings on the allegation of rape were abstruse, inconsistent, and ambiguous, lacking sufficient reasoning and analysis to support the conclusion; therefore, the finding must be set aside as rationally unsupportable.

Court Disposition

Appeal allowed in respect of ground 5; Recorder's finding of rape set aside.

Orders

  • Recorder's finding of rape is set aside.
  • No order as to costs.