CM v CL & Anor [2013] NICA 76 (20 December 2013)

CM v CL & Anor [2013] NICA 76 (20 December 2013)

The trial judge's conclusion that the mother contrived the allegation regarding the father's opportunity to adulterate the boiled water was supported by the evidence, and sufficient reasons were provided for the decision. The appellate court found no basis to overturn the trial judge's findings.

Citation
[2013] NICA 76
Parties
Appellant: CM; Respondent: CL; Respondent: Northern Health and Social Care Trust
Jurisdiction
Northern Ireland
Judgment Date
20 December 2013
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Threshold Judgment, Identification of Perpetrator, Adequacy of Judicial Reasons, Child Harm, Care Proceedings
Family Law Child Protection Threshold Judgment Identification of Perpetrator Adequacy of Judicial Reasons Child Harm Care Proceedings

Case Brief

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Parties

CM

Appellant

CL

Respondent

Northern Health and Social Care Trust

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge's conclusion on the perpetrator of salt ingestion was sustainable on the evidence
  2. 2 Whether the trial judge gave sufficient reasons for his decision

Ratio Decidendi

The trial judge's conclusion that the mother contrived the allegation regarding the father's opportunity to adulterate the boiled water was supported by the evidence, and sufficient reasons were provided for the decision. The appellate court found no basis to overturn the trial judge's findings.

Court Disposition

appeal dismissed