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20 MAY 2008

CONTACT: TH v RB; Re H [2008] EWCA Civ 539

(Court of Appeal; Thorpe, Wall and Stanley Burnton LJJ; 20 May 2008)

At a fact-finding hearing in contact proceedings the recorder found that the father had attempted to poison the mother with a mixture of tablets, notwithstanding that the father had been acquitted of this at a criminal trial, and that the recorder had made several adverse findings as to the mother's credibility, rejecting some of the mother's evidence as to the incident.

The recorder's finding had been unsafe, and must be set aside. There was to be a re-trial; the fact that the recorder's decision could not stand did not necessarily mean that it was wrong.

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