IJ v KL
The judge's approach to the fact-finding hearing was consistent with current legal principles, focusing on relevant patterns of behaviour and welfare issues. The findings were supported by the evidence, the judge properly directed herself on the law, and there was no procedural irregularity or unfairness. The appeal had no real prospect of success.
- Parties
- Appellant: IJ; Respondent: KL
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Family Appeal / Permission to Appeal (ruling)
- Outcome
- Permission to appeal refused
- Legal Topics
- Fact Finding Hearing, Domestic Abuse, Marital Rape, Contact Arrangements, Appeals Procedure, Procedural Fairness
Case Brief
Summary, issues, holding and outcome
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Parties
IJ
Appellant
KL
Respondent
Procedural Posture
Family Appeal / Permission to Appeal (ruling)
Legal Issues
- 1 Whether the fact-finding hearing was procedurally unfair due to alleged irregularity
- 2 Whether the judge's findings of fact were contrary to the weight of evidence or unsupported by evidence
- 3 Whether the judge's decision-making process was defective, rendering findings unsafe
Ratio Decidendi
The judge's approach to the fact-finding hearing was consistent with current legal principles, focusing on relevant patterns of behaviour and welfare issues. The findings were supported by the evidence, the judge properly directed herself on the law, and there was no procedural irregularity or unfairness. The appeal had no real prospect of success.
Court Disposition
Permission to appeal refused
Orders
- Permission to appeal on all grounds is refused.
Full Case Text
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