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Family proceedings – Orders in family proceedings. The proceedings concerned the father's appeal against findings of fact made by the judge, which were potentially relevant to certain applications before him. In broad terms, the judge found that the incidents relied upon against the father by the mother and her daughter from a previous relationship, M, had occurred as alleged. The Court of Appeal, Civil Division, held, inter alia, that the judge had been aware that concerns had been expressed about M's behaviour. He would have factored that into his assessment of her evidence, and had had the advantage of having seen and heard her give evidence and be tested upon it. In those circumstances, it was not possible to go behind his assessment of M as a witness.
Family proceedings – Orders in family proceedings. The proceedings concerned the father's appeal against findings of fact made by the judge, which were potentially relevant to certain applications before him. In broad terms, the judge found that the incidents relied upon against the father by the mother and her daughter from a previous relationship, M, had occurred as alleged. The Court of Appeal, Civil Division, held, inter alia, that the judge had been aware that concerns had been expressed about M's behaviour. He would have factored that into his assessment of her evidence, and had had the advantage of having seen and heard her give evidence and be tested upon it. In those circumstances, it was not possible to go behind his assessment of M as a witness.
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