TH v RB

The Recorder's finding on the events of 10 November 2006 was unsafe due to reliance on speculation, inconsistent credibility findings, and lack of evidential support for key conclusions. The finding must be set aside and the issue retried.

Parties: Appellant: TH; Respondent: RB; Subject Child: H (A Child)
Jurisdiction: England and Wales
Judgment Date: 20 May 2008
Procedural Posture: Family Law Private Law Children Proceedings / Appeal From Recorder's Finding of Fact; Judgment on Appeal
Outcome: Appeal allowed; finding set aside; retrial ordered
Legal Topics: Contact With Child, Findings of Fact, Standard of Proof in Family Proceedings, Credibility Assessment, Re Trial Procedure

Family Law Child Law Contact With Child Findings of Fact Standard of Proof in Family Proceedings Credibility Assessment Re Trial Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Respondent

H (A Child)

Subject Child

Procedural Posture

Family Law Private Law Children Proceedings / Appeal From Recorder's Finding of Fact; Judgment on Appeal

Legal Issues

1 Whether the Recorder's finding that the appellant administered a harmful dose of medication to the respondent with intent to kill or cause serious harm was safe
2 Whether the Recorder's findings were based on speculation rather than evidence
3 Whether the Recorder's assessment of credibility and motive was consistent and supported by evidence

Ratio Decidendi

Court Disposition

Appeal allowed; finding set aside; retrial ordered

Orders

Recorder's finding on the issue of alleged poisoning set aside
Retrial of the issue to be conducted by His Honour Judge Peter Hunt QC or a judge nominated by him