Damian Garrido QC, Alicia Collinson and Kate Ferguson successful in the Court of Appeal


12th Mar 2019 | News


Re. Y & E (Children) [2019] EWCA Civ 206, 21 February 2019.

Damian Garrido QC (leading Elizabeth Walker) representing the children’s mother and Alicia Collinson leading Kate Ferguson representing the local authority successfully argued for the dismissal of an appeal by the father against findings of sexual abuse made by HH Judge Handley sitting at Northampton.

The Court of Appeal accepted their arguments that the deficiencies in the ABE interview process were not so serious as to render the child’s interviews of no or limited evidential value and the judge was entitled to make the findings. The Court agreed with Mr Garrido that a trial judge is entitled to a ‘margin of appreciation’ and findings of facts should not be interfered with unless there are compelling reasons so to do (see Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5). Finally, the Court re-stated the well settled law that the standard of proof in such cases is the balance of probabilities.

The judgment can be found here.


Do you have a similar case?

If you would like some help or advice, talk about a similar matter, call our clerks on 020 7353 6961.

Authors

Recent

Harcourt Chambers Barristers Featured in Doyle’s Guide to Family Law London 2024

Harcourt Chambers is pleased to announce that several of its King’s Counsel (KC) barristers and…


Harcourt Chambers Celebrates Rob George at the Bar Pro Bono Awards

We are particularly proud to congratulate our very own Rob George, who received a special…


Aidan Vine KC in H and J (Placement Orders) [2024] EWCA Civ 429

Aidan Vine KC led Carolyn Bland of Deans Court Chambers in H and J (Placement Orders)…

Search

Shortlist close
Title Type CV Email

Remove All

Download