Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
Spotlight
A day in the life Of...
Rebecca Delaney
Rebecca Delaney
Director & Partner
Read on
Suspicions, sitting on the fence and standards of proof [2009] CFLQ 230
Date:26 SEP 2011

This commentary explores the decision of House of Lords in Re B (Children) (Sexual Abuse: Standard of Proof). In discarding the gloss imposed by the earlier decision of Re H (Minors) (Sexual Abuse: Standard of Proof) to the standard of proof to be applied in care proceedings, the House of Lords has acted in a way that is unreservedly to be welcomed. The commentary also examines their Lordships' rejection of the argument that the threshold criteria could be satisfied on ‘evidence' that raises a real possibility of significant harm but which cannot be proven to the level of ‘fact' and its implications for child protection.

 

Categories:
Articles CFLQ