JH v MF (Rev 2)

JH v MF (Rev 2)

The appeal was allowed because the trial judge committed serious procedural irregularity, failed to apply correct legal principles regarding consent, domestic abuse, and vulnerable witnesses, disregarded corroborative evidence, made findings not put to the Appellant, and applied an incorrect standard of proof. The...

Source-derived case information.

Parties
Appellant: JH; Respondent: MF
Jurisdiction
England and Wales
Judgment Date
22 January 2020
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; judgment and order set aside; case remitted for retrial.
Legal Topics
Child Arrangements, Domestic Abuse, Sexual Assault, Procedural Irregularity, Consent in Sexual Offences
Family Law Child Law Domestic Violence Child Arrangements Domestic Abuse Sexual Assault Procedural Irregularity Consent in Sexual Offences

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Summary, issues, holding and outcome

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Parties

JH

Appellant

MF

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in law and procedure during the fact-finding hearing in child arrangement proceedings involving allegations of domestic abuse and sexual assault
  2. 2 Whether the judge failed to apply correct legal definitions and procedural protections for vulnerable witnesses
  3. 3 Whether the judge applied an incorrect standard of proof

Ratio Decidendi

The appeal was allowed because the trial judge committed serious procedural irregularity, failed to apply correct legal principles regarding consent, domestic abuse, and vulnerable witnesses, disregarded corroborative evidence, made findings not put to the Appellant, and applied an incorrect standard of proof. The judgment was unsafe and unjust, requiring a retrial.

Court Disposition

Appeal allowed; judgment and order set aside; case remitted for retrial.

Orders

  • Retrial before a High Court Judge or Deputy High Court Judge at the Royal Courts of Justice
  • Anonymity of children and family members to be strictly preserved in any publication