A (Children)
The trial judge did not reverse the burden of proof; he correctly evaluated all evidence and alternatives, finding on the balance of probabilities that the father caused B's injuries, and the appeal is dismissed.
Source-derived case information.
- Parties
- Appellant: Father of B (Appellant); Respondent: Local Authority; Interested Party: Mother of B; Interested Party: C (Older Brother); Interested Party: J (Surviving Twin)
- Jurisdiction
- England and Wales
- Judgment Date
- 18 July 2012
- Procedural Posture
- Family / Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Burden of Proof, Fact Finding, Injury Causation, Care Proceedings
Source-derived case record
Summary, issues, holding and outcome
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Parties
Father of B (Appellant)
Appellant
Local Authority
Respondent
Mother of B
Interested Party
C (Older Brother)
Interested Party
J (Surviving Twin)
Interested Party
Procedural Posture
Family / Appeal
Legal Issues
- 1 Whether the trial judge reversed the burden of proof in finding the father responsible for B's injuries
- 2 Whether the evidence established on the balance of probabilities that the father caused B's injuries
Ratio Decidendi
The trial judge did not reverse the burden of proof; he correctly evaluated all evidence and alternatives, finding on the balance of probabilities that the father caused B's injuries, and the appeal is dismissed.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed
Full Case Text
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