PR v JES & Anor [2019] EWHC 791 (Fam) (29 March 2019)

PR v JES & Anor [2019] EWHC 791 (Fam) (29 March 2019)

The appeal was dismissed because the appellate court found no clear or substantial error in the trial judge's process of evaluating the evidence or in the application of legal principles. The judge's findings, though open to criticism in terms of detail and explicit reference to certain factors, were within the permissible range of judicial evaluation, and the judge was entitled to reach the conclusions he did on the balance of probabilities given the totality of the evidence.

Citation
[2019] EWHC 791 (Fam)
Parties
Applicant: PR; 1st Respondent: JES; 2nd Respondent: TER
Jurisdiction
England and Wales
Judgment Date
29 March 2019
Procedural Posture
Family Law Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Sexual Abuse Allegations, Fact Finding, Appeals Procedure, Credibility Assessment, Child Evidence
Family Law Child Protection Sexual Abuse Allegations Fact Finding Appeals Procedure Credibility Assessment Child Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

PR

Applicant

JES

1st Respondent

TER

2nd Respondent

Procedural Posture

Family Law Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in law or principle in making findings of sexual abuse against the father
  2. 2 Whether the judge failed to properly apply legal principles to the fact-finding exercise
  3. 3 Whether the judge failed to analyse the allegations in the context of all the evidence and placed undue weight on the child's ABE interview

Ratio Decidendi

The appeal was dismissed because the appellate court found no clear or substantial error in the trial judge's process of evaluating the evidence or in the application of legal principles. The judge's findings, though open to criticism in terms of detail and explicit reference to certain factors, were within the permissible range of judicial evaluation, and the judge was entitled to reach the conclusions he did on the balance of probabilities given the totality of the evidence.

Court Disposition

Appeal dismissed

Orders

  • Findings of sexual abuse against the father stand
  • No order for rehearing or further fact-finding