Rebecca Davies summarises the judgment in B (A Child) (Fact-Finding)  EWCA Civ 905 for Family Law Week. The case was a successful appeal against findings of fact made against a mother that she caused injuries to her young son.
The Court of Appeal set out 3 reasons why the original findings could not stand:
- the reasoning in a number of respects was insufficient and flawed
- the judge had failed to take into account some material factors
- the evidence had been looked at as a 'linear process ' 'in compartments' rather than in the context of the totality of the evidence.
Although the legal framework agreed by advocates was followed, the judge did not appear to take all of its contents into account.
It is a reminder that judges, and advocates, should ensure that all key points are either incorporated into the judgment or underlined when making submissions.
Read the full summary on Family Law Week.