Practice and Procedure

RE H (A CHILD) sub nom TH v RB (2008)

PUBLISHED May 20, 2008

[2008] EWCA Civ 539

Where an appellant had previously been acquitted of attempting to kill his wife, but in subsequent family proceedings to determine contact with their child a recorder had made a finding that the appellant had attempted to kill her, the recorder's handling of the evidence was such that his finding was unsafe and would be set aside. Further, the matter was of such importance that it would be retried.

CA (Civ Div) (Thorpe LJ, Wall LJ, Stanley Burnton LJ)