GK v PR

GK v PR

The trial judge's failure to consider and apply the mandatory rules on vulnerable witnesses, absence of a ground rules hearing, failure to consider the impact of GK's vulnerability on her evidence, insufficient consideration of corroborative evidence, and an overly linear approach to the allegations rendered the findings unsafe and unsustainable. The appeal is allowed and the matter is remitted for rehearing.

Parties
Applicant: GK; Respondent: PR
Jurisdiction
England and Wales
Judgment Date
14 December 2021
Procedural Posture
Family Law Appeal / Judgment on Appeal From Fact Finding Hearing
Outcome
Appeal allowed; findings set aside; matter remitted for rehearing
Legal Topics
Domestic Abuse, Vulnerable Witnesses, Fact Finding Hearings, Appeals, Child Arrangements
Family Law Child Law Domestic Abuse Vulnerable Witnesses Fact Finding Hearings Appeals Child Arrangements

Case Brief

Summary, issues, holding and outcome

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Parties

GK

Applicant

PR

Respondent

Procedural Posture

Family Law Appeal / Judgment on Appeal From Fact Finding Hearing

Legal Issues

  1. 1 Whether the trial judge failed to apply the rules on vulnerable witnesses (Part 3A FPR 2010, PD3AA, PD12J)
  2. 2 Whether the judge erred in dismissing allegations of rape, verbal, emotional, and physical abuse
  3. 3 Whether the judge failed to consider corroborative evidence

Ratio Decidendi

The trial judge's failure to consider and apply the mandatory rules on vulnerable witnesses, absence of a ground rules hearing, failure to consider the impact of GK's vulnerability on her evidence, insufficient consideration of corroborative evidence, and an overly linear approach to the allegations rendered the findings unsafe and unsustainable. The appeal is allowed and the matter is remitted for rehearing.

Court Disposition

Appeal allowed; findings set aside; matter remitted for rehearing

Orders

  • Matter remitted to Chelmsford Family Court for rehearing
  • Directions hearing to consider ground rules, participation directions, and case management