H (A Child), Re

H (A Child), Re

The appeal was dismissed because the judge correctly balanced the demands of justice and the welfare of the child, and would have reached the same conclusion even if guided by Re W, as there were no cogent reasons for H to give evidence and strong reasons against it.

Parties
Subject: H (a Child); Appellant: Mr Hussain; Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
11 May 2011
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Child Evidence, Care Proceedings, Welfare of the Child
Family Law Child Evidence Care Proceedings Welfare of the Child

Case Brief

Summary, issues, holding and outcome

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Parties

H (a Child)

Subject

Mr Hussain

Appellant

Local Authority

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the judge erred in refusing to allow H to give oral evidence at the trial
  2. 2 Whether the judge misapplied the presumption against child victims giving direct evidence in care proceedings

Ratio Decidendi

The appeal was dismissed because the judge correctly balanced the demands of justice and the welfare of the child, and would have reached the same conclusion even if guided by Re W, as there were no cogent reasons for H to give evidence and strong reasons against it.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed