Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

CARE PROCEEDINGS: Re C (Care Proceedings: Sexual Abuse) [2008] EWCA Civ 1331

Sep 29, 2018, 16:13 PM
Slug : re-c-care-proceedings-sexual-abuse-2008-ewca-civ-1331
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Oct 2, 2008, 04:21 AM
Article ID : 85075

(Court of Appeal; Thorpe, Wilson and Collins LJJ; 2 October 2008)

In care proceedings the local authority initially sought findings of inappropriate and abusive sexual conduct by the man in respect of three young girls. At a relatively early stage the allegations in respect of one of the girls were dropped. The local authority was ultimately unable to obtain evidence in relation to the second girl, and the allegations in respect of her also had to be dropped. By the hearing the local authority was seeking only one finding in relation to the remaining girl, who was prepared to give evidence. The counsel for the local authority referred the judge to the other allegations, suggesting that these were evidence of propensity. The judge went on to make a finding that the man had a propensity to commit acts of sexual touching against young girls and that, on the balance of probabilities, the man had touched both the girl who had given evidence and the second girl. In discussion following judgment the judge made it clear that he had treated the allegations in respect of the two girls who had not given evidence as effectively corroborative of case against man, but that he would have been satisfied, on the balance of probabilities, that the man had touched the girl who had given evidence even without this 'corroboration'.

The appeal was allowed to the extent that the judge should never had made a finding of propensity and a finding that man had behaved inappropriately with the second girl when that was no longer part of local authority case. However, this judicial error had not tainted the primary finding, which would stand.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from