Imogen Pitts in HH v SS [2026] EWHC 1557 (Fam)
23rd Jun 2026 | Cases
Imogen Pitts was instructed by Careys Law Limited for the appellant mother in HH v SS [2026] EWHC 1557 (Fam); a decision in which Mr Justice Peel remitted two allegations of serious domestic abuse to be reheard.
This appeal arose in the context of private proceedings concerning two children and followed a fact-finding hearing which took place in November 2025 before HHJ Greenfield. The trial judge declined to make findings that the father attempted to strangle the mother in April 2023 or assaulted her in August 2023, instead finding that the parents were aggressive/violent towards each other on both occasions.
Mr Justice Peel allowed the appeal in relation to both of these findings on the basis that the judge had erred by seemingly not viewing the Video Recorded Interviews of either the father or the child which took place after the April 2023 alleged strangulation incident. It was held that the trial judge further erred by failing to take into account other material evidence such as injuries to the mother and important detail within police disclosure. The court held that the judge had further failed to adequately explain the reasons behind his conclusions and referred to the caution which must be exercised before a judge is to go ‘off piste’ and make findings which are not sought by either party (Re A [2019] EWCA Civ 1947).
This judgment highlights that although viewing video footage may be onerous, when such footage is essential viewing to determine serious allegations, the videos must be viewed and appropriately analysed by the court. This is particularly the case when a party has proceeded on the basis that the material will be viewed and has made reference to such evidence throughout cross-examination and submissions.
