Re S (Children, W and T): CA 14 May 2014

The parents sought leave to appeal against a care order made on a finding of sexual abuse of one of the children, saying that the court had failed to allow for the inherent improbability of the facts alleged.

Sir James Munby, P, Lewison, McCombe LJJ
[2014] EWCA Civ 638
Bailii
England and Wales
Citing:
CitedYuill v Yuill CA 1944
Appellate Court’s Caution in Reassessing Facts
The Court of Appeal was invited to reverse the decision of the judge at first instance to accept the evidence of the petitioner (no evidence having been called by the respondent).
Held: The court considered the caution needed when overturning . .
CitedFaryna v Chorny 1952
When a finding of fact depends on a matter such as the logical consistency of the evidence rather than the manner of the witness, an appellate court may be more readily willing to reject a finding of a specific fact.
Justice O’Halloran said: . .
CitedJones v National Coal Board CA 17-Apr-1957
The judicial function of dealing with cases justly in an adversarial system requires a first instance judge ‘to hear and determine the issues raised by the parties, not to conduct an investigation or examination on behalf of society at large.’ That . .

Lists of cited by and citing cases may be incomplete.

Children

Updated: 03 December 2021; Ref: scu.525472