A, Re (Appeal: Findings of Fact) [2025] EWHC 1279 (Fam) (22 May 2025)

The Recorder's finding of rape was rationally unsupportable due to lack of cogent reasoning, inconsistent analysis, and ambiguity regarding consent and submission. The finding was set aside, but wider findings of controlling behaviour remain unimpeachable and relevant to child welfare.

Citation: [2025] EWHC 1279 (Fam)
Parties: Appellant: F; Respondent: M
Jurisdiction: England and Wales
Judgment Date: 22 May 2025
Procedural Posture: Family Law Appeal / Permission to Appeal and Substantive Appeal Judgment
Outcome: Appeal allowed in respect of ground 5; Recorder's finding of rape set aside; wider findings upheld
Legal Topics: Findings of Fact, Procedural Fairness, Judicial Continuity, Domestic Abuse Allegations, Marital Rape Allegation

Family Law Child Welfare Domestic Abuse Findings of Fact Procedural Fairness Judicial Continuity Domestic Abuse Allegations Marital Rape Allegation

Case Brief

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2

Parties

Appellant

Respondent

Procedural Posture

Family Law Appeal / Permission to Appeal and Substantive Appeal Judgment

Legal Issues

1 Whether the Recorder's finding of rape was supported by cogent reasoning
2 Whether procedural unfairness or bias was present
3 Adequacy of reasoning in findings of fact

Ratio Decidendi

Court Disposition

Appeal allowed in respect of ground 5; Recorder's finding of rape set aside; wider findings upheld

Orders

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