The court was asked: ‘Can a witness in Family proceedings, who is the subject of adverse judicial findings and criticism, and who asserts that the process in the lower court was so unfair as to amount to a breach of his/her rights to a personal and private life under ECHR Art 8, challenge the judge’s findings on appeal?
If so, on what basis and, if a breach of Article 8 is found, what is the appropriate remedy?’
Munby P FD, McFarlane, Christopher Clarke LJJ
[2016] EWCA Civ 1140, [2016] WLR(D) 628, [2017] 1 FCR 349, [2017] 1 WLR 2415, [2017] 1 FLR 1629
Bailii
Eurppean Convention on Human Rights 8
England and Wales
Litigation Practice, Human Rights
Updated: 25 January 2022; Ref: scu.571425