Information for "Re W-A (2022) EWCA Civ 1118"

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Display titleRe W-A [2022] EWCA Civ 1118
Default sort keyRe W-A (2022) EWCA Civ 1118
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Page creatorJonathan (talk | contribs)
Date of page creation20:12, 12 August 2022
Latest editorJonathan (talk | contribs)
Date of latest edit20:12, 12 August 2022
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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.
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