J K K v R S K & Ors

J K K v R S K & Ors

The wound sustained by F on 5 May 2007 was self-inflicted or inflicted by someone acting on his behalf, not by M’s family. The fire at F’s home on 29 September 2007 was staged by F’s family or an agent, not by B. Evidence from F, his family, and friends was unreliable and findings against M and her family in relation to the post-separation campaign must be overturned.

Parties
Applicant: J K K; 1st Respondent: R S K; 2nd Respondent: S K K & S K K (by their Children’s Guardian); 3rd Respondent: London Borough Of Hounslow; 4th Respondent: B S K
Jurisdiction
England and Wales
Judgment Date
03 July 2008
Procedural Posture
Family / Judgment After Rehearing of Fact Finding
Outcome
Findings against M and her family in relation to post-separation campaign overturned; findings that F’s wound was self-inflicted and fire was staged by F’s family or agent.
Legal Topics
Domestic Violence, Child Residence, Fact Finding, False Evidence, Arson
Family Law Child Welfare Domestic Violence Child Residence Fact Finding False Evidence Arson

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Parties

J K K

Applicant

R S K

1st Respondent

S K K & S K K (by their Children’s Guardian)

2nd Respondent

London Borough Of Hounslow

3rd Respondent

B S K

4th Respondent

Procedural Posture

Family / Judgment After Rehearing of Fact Finding

Legal Issues

  1. 1 Whether the wound sustained by F on 5 May 2007 was self-inflicted or caused by M’s family
  2. 2 Whether the fire at F’s home on 29 September 2007 was caused by B or staged by F’s family
  3. 3 Reliability of evidence provided by both families

Ratio Decidendi

The wound sustained by F on 5 May 2007 was self-inflicted or inflicted by someone acting on his behalf, not by M’s family. The fire at F’s home on 29 September 2007 was staged by F’s family or an agent, not by B. Evidence from F, his family, and friends was unreliable and findings against M and her family in relation to the post-separation campaign must be overturned.

Court Disposition

Findings against M and her family in relation to post-separation campaign overturned; findings that F’s wound was self-inflicted and fire was staged by F’s family or agent.

Orders

  • All findings against M and her family in relation to post-separation campaign are discharged.
  • Finding regarding bonfire incident is discharged.