CA-2025-001133 - [2025] EWCA Civ 993

Fecha: 28-Jul-2025

Conclusions

Outcome of the appeal

84.

For the reasons which I set out above, I would allow these appeals.

85.

In relation to the specific findings, my conclusions lead to the following outcome:

Finding 3 is set aside;

ii)

Finding 4 stands;

iii)

Finding 5 is set aside;

iv)

Finding 7 stands, albeit qualified as I have outlined above (§81);

Finding 8 is set aside;

vi)

Finding 9 is set aside;

vii)

Finding 10 stands.

86.

Subject to my Lords’ views, I would remit the Part IV CA 1989 application to the Designated Family Judge for Wolverhampton for her to re-allocate as she considers appropriate and list urgently for case management directions. The court will need to consider, first and foremost, whether it is in fact necessary and proportionate to re-try the factual issues which have been the subject of the findings now set aside, particularly given that the threshold criteria under section 31(2) CA 1989 is amply met on other grounds.

Lord Justice Dingemans

87.

I agree.

Lord Justice Bean

88.

I also agree.