TH v RB [2008] EWCA Civ 539 (20 May 2008)

The Recorder's finding that the appellant administered a harmful dose of medication to the respondent was unsafe due to reliance on speculation, inconsistencies in credibility findings, and lack of cogent evidence. The finding was set aside and a retrial ordered.

Citation: [2008] EWCA Civ 539
Parties: Appellant: TH; Respondent: RB H (A Child)
Jurisdiction: England and Wales
Judgment Date: 20 May 2008
Procedural Posture: Appeal (family Law Private Law Proceedings) / Appeal From Recorder's Judgment, Order for Retrial
Outcome: Appeal allowed; finding set aside; retrial ordered
Legal Topics: Findings of Fact, Standard of Proof in Family Proceedings, Credibility Assessment, Retrial, Allegations of Attempted Murder/poisoning

Family Law Child Contact Domestic Violence Findings of Fact Standard of Proof in Family Proceedings Credibility Assessment Retrial Allegations of Attempted Murder/poisoning

Case Brief

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Parties

Appellant

RB H (A Child)

Respondent

Procedural Posture

Appeal (family Law Private Law Proceedings) / Appeal From Recorder's Judgment, Order for Retrial

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 and supported by evidence
2 Whether the Recorder's findings were based on speculation rather than evidence
3 Whether the Recorder's assessment of credibility and motive was internally consistent

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 Judge Hunt QC or a judge nominated by him