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(Court of Appeal, Longmore, Underhill and Macur LJJ, 4 October 2013)
During care proceedings in relation to two children a residence order was granted and in an annexed document to the order it stated that allegations against the intervener if neglect had been made out but there had been no sexual misconduct. The local authority and the children's guardian appealed and sought to challenge the negative finding made by the judge.
The issue arose whether the findings could be subject to the appeal process as they did not found the court order. The appeal was dismissed without consideration of the merits of the appeal.
It was well established that findings of fact could not comprise a determination, order or judgment unless they comprised the issue upon which the whole case rested on or were the subject of a declaration within the order.
The Red Book is the acknowledged authority on practice and procedure