If available facts are inconclusive, that should be duly noted and matters left at that. Over-zealousness is ipso facto an abuse of process and violates the limits of state interventionism into established family life.
Re A Children 2018
Long-time readers will have been enjoying the regular frank exchange of views and pleasantries between Mostyn J and the Court of Appeal, but this is a new one. The Court of Appeal in this case overturned a Judge who had been following Mostyn J’s guidance in a High Court case and therefore had the opportunity to say that Mostyn J was wrong as a sideswipe.
Did they resist this?
Reader, they did not.
- In A County Council v M & F, upon which the judge relied, Mostyn J having set out passages from Re B (and Baroness Hale’s confirmation of Re B found in Re S-B  1 All ER 705, SC,) went on:
- “16. Thus the law sets a simple probability standard of 51/49, but the more serious or improbable the allegation the greater the need, generally speaking, for evidential “cogency”. In AA…
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