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Family Law

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Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

25 JUL 2012

FACT-FINDING HEARING:Re A (Fact-Finding Hearing: Appeal)

(Court of Appeal, Thorpe, Toulson, Black LJJ, 18 July 2012) 

The father appealed a determination that he had inflicted serious injuries on the child. The judge eliminated the mother and brother before concluding the father had been responsible.

The father appealed on the basis that the judge had misdirected himself and reversed the burden of proof in requiring the father to prove he wasn't responsible.

Dismissing the appeal. The judge's comments had to be read in context of the entire judgment. Overall the judge's conclusion was supported by evidence and was a reasonable one.

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