|[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]|
England and Wales High Court (Family Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Family Division) Decisions >> ABCDEF, Re (Fact Finding: Honour Based Violence)  EWHC 406 (Fam) (10 January 2019)
Cite as:  EWHC 406 (Fam),  Costs LR 1867
[New search] [Context] [View without highlighting] [Printable PDF version] [Help]
London, WC2A 2LL
B e f o r e :
| Parent A
- and -
|(1) Parent B
(2) Parent C
(3) Child D
(4) Child E
(5) Child F
Local Authority A
MR S. COE appeared on behalf of the First Respondent.
MR B. JUBB appeared on behalf of the Children's Guardian for the Second to Fourth Respondents.
THE FIFTH RESPONDENT appeared in Person.
MS BAMBHRA appeared on behalf of Local Authority A
Crown Copyright ©
MR JUSTICE KEEHAN:
"One highly important aspect of the Lucas decision, and indeed the approach to lies generally in the criminal jurisdiction, needs to be borne fully in mind by family judges. It is this: in the criminal jurisdiction the 'lie' is never taken, of itself, as direct proof of guilt. As is plain from the passage quoted from Lord Lane's judgment in Lucas, where the relevant conditions are satisfied the lie is 'capable of amounting to a corroboration'. In recent times the point has been most clearly made in the Court of Appeal Criminal Division in the case of R v Middleton  Crim.L.R. 251 where it was said:
'In my view there should be no distinction between the approach taken by the criminal court on the issue of lies to that adopted in the family court. Judges should therefore take care to ensure that they do not rely upon a conclusion that an individual has lied on a material issue as direct proof of guilt'."
THE EVIDENCE OF THE MOTHER
"Although costs orders against non-parties are to be regarded as 'exceptional', exceptional in this context means no more than outside the ordinary run of cases where parties pursue or defend claims for their own benefit and at their own expense."
Opus 2 International Limited hereby certifies that the above is an accurate and complete record of the Judgment or part thereof.
Transcribed by Opus 2 International Limited
Official Court Reporters and Audio Transcribers
5 New Street Square, London, EC4A 3BF
Tel: 020 7831 5627 Fax: 020 7831 7737