FA-2022-000120 - [2025] EWHC 1279 (Fam)

This is an application for permission to appeal findings of fact made by Recorder Sarah Counsell, following a five-day fact-finding hearing in the Bromley Family Court, concluded on 25^th March 2022. The Appellant’s Notice was filed on 4^th May 2022. The extraordinary delay that has arisen is, as Sir Jonathan Cohen, sitting as a Judge of this Division, has recorded in the preface to his Order of 14^th August 2024, largely the responsibility of “the appeals system in the Royal Courts of Justice”. As I understand it, the delay centred around identifying the Court recording of the judgment. When the recording came to light, there was a further issue about who would be responsible for the transcribing costs. On 18^th December 2024, I ordered a transcript to be filed urgently at public expense. The unapproved transcript was sent directly to me and forwarded to the Appeals Office on 14^th January 2025. On 14^th February 2025, an approved version of the transcript was returned by the Recorder.

The grounds of appeal were drafted by Counsel in 2022 (they are undated). The essence of the complaint, in four of the five Grounds of Appeal, was that the Recorder had displayed bias against the father and shown procedural unfairness. The fifth ground of appeal criticised the Recorder’s finding that the father (F) had raped the mother (M) “on at least one occasion when she slept in the marital bed”.

On 7^th March 2025, I considered the Appellant’s Notice and accompanying documents. I dismissed four grounds as unarguable but considered that in respect of ground 5, the finding of rape, it was arguable that the Recorder had failed to give sufficiently cogent reasons.