View source for Re W-A (2022) EWCA Civ 1118

{{Case
|Date=2022/08/05
|NCN=[2022] EWCA Civ 1118
|ICLR=[2022] WLR(D) 348
|ICLR ID=2022009857
|Court=Court of Appeal (Civil Division)
|Judges=Bean, Peter Jackson, Dingemans
|Parties=W-A
|Sentence=Admissibility of foreign conviction
|Summary=A paedophile argued that his conviction in Spain was inadmissible in English care proceedings. The judge noted that, while this was a public law case under Part IV Children Act 1989, the same issues may arise in a private law case under Part I, or the inherent jurisdiction relating to children, or a MCA 2005 welfare case. The Court of Appeal concluded that: (1) the rule in ''Hollington v Hewthorn'' [1943] 1 KB 587 (which, unless distinguished, would render the conviction inadmissible) did not apply, as it would be incompatible with the welfare-based and protective character of family proceedings; (2) in family proceedings all relevant evidence is admissible; and (3) a previous finding or conviction stands as presumptive proof of the underlying facts, but it is open to a party to establish on a balance of probability that it should not be relied upon.
|Subject=Miscellaneous cases
|News=Yes
|RSS pubdate=2022/08/12 08:02:33 PM
}}