Case No. KH18C00272

6.At the conclusion of the Local Authority’s case, all those facing allegations made applications that the court either dismiss the Local Authority’s applications or otherwise use its case management powers to limit the allegations that would be considered for the remainder of the trial. 7.Upon notice being given by the Respondents of the applications they intended to make, the Court invited the Local Authority to review its case to consider if it wished to make any applications itself, either to withdraw proceedings or specific allegations. That review resulted in the Local Authority informing the court that it sought permission to abandon a number of the findings pleaded in its schedule. The Respondents then filed skeleton arguments in support of their applications. The Local Authority then completed a further review of its case and notified the court of further matters pleaded that it had decided not to pursue, including one allegation made against the Stepson, thereby withdrawing the entirety of its case against that one Respondent. 8.If the interim applications to dismiss the proceedings are unsuccessful, it will be necessary to address evidential matters that arise from the decision of the Local Authority to abandon certain allegations and its decision to withdraw its case against one of the intervenors. It is the submission on behalf of the Respondents that the court should proceed on the basis that the abandoned matters are untrue and can, therefore, be relied on by the Respondents as examples of fantasy/dishonesty by the children. It is also submitted that the court should accept the written evidence of the Stepson and, should the Local Authority dispute the content of that statement, it is for them to challenge that evidence by way of cross-examination. It is the Local Authority’s submission that once an allegation has been abandoned, the court should put the evidence concerning those allegations to one side, there being no evidential advantage or disadvantage arising for any party by those allegations no longer being determined. In the alternative, the Local Authority submits that the Court can require the Local Authority to continue with the allegations it seeks to withdraw, if the court takes the view that the examination of those allegations is necessary when considering the ‘broad canvas’ of available evidence. 9.This is my judgment on those interim issues.