Re D (A Child) (Appeal out of time)  EWHC 1167 (Fam)
Charlotte Worsley (Head of PSQB Family Team) led by Will Tyler QC instructed by myself, appeared before Mr Justice Francis on behalf of the Children’s Guardian in a successful appeal to reopen findings made in 2015. The father had been found to have sexually abused his daughter. The Guardian fully supported the appeal.
The grounds of appeal related to the unsafe and unreliable treatment of expert evidence of a child psychologist by the trial judge and the trial judge’s approach to the father’s ability to challenge this evidence (he allowed the mother’s counsel to cross examine the psychologist on behalf of the father).
The case sets out the law in relation to delay applying FPR Rule 30 and relief from sanctions applying FPR Rule 4.5.
The Judgement was handed down remotely on the 14th of May. The judgement can be found here.