D (A Child) (Appeal Out of Time), Re

D (A Child) (Appeal Out of Time), Re

The District Judge's findings were unsafe due to improper reliance on expert evidence, procedural irregularity in cross-examination, and late disclosure of material evidence. Exceptional circumstances justified granting relief from sanctions and permission to appeal out of time. The finding that the father sexually abused his daughter was set aside and the matter remitted for re-hearing.

Parties
Appellant: Mr K; Respondent: Ms E; Subject: D (A Child)
Jurisdiction
England and Wales
Judgment Date
14 May 2020
Procedural Posture
Appeal / Judgment on Appeal Out of Time
Outcome
appeal allowed
Legal Topics
Appeals Out of Time, Child Sexual Abuse Allegations, Expert Evidence, Procedural Fairness
Family Law Appeals Out of Time Child Sexual Abuse Allegations Expert Evidence Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Mr K

Appellant

Ms E

Respondent

D (A Child)

Subject

Procedural Posture

Appeal / Judgment on Appeal Out of Time

Legal Issues

  1. 1 Whether permission to appeal out of time should be granted
  2. 2 Whether relief from sanctions should be granted
  3. 3 Whether the District Judge's findings were unsafe due to reliance on expert evidence

Ratio Decidendi

The District Judge's findings were unsafe due to improper reliance on expert evidence, procedural irregularity in cross-examination, and late disclosure of material evidence. Exceptional circumstances justified granting relief from sanctions and permission to appeal out of time. The finding that the father sexually abused his daughter was set aside and the matter remitted for re-hearing.

Court Disposition

appeal allowed

Orders

  • Relief from sanctions granted
  • Permission to appeal out of time granted