Counsel Emma Weaver recently advised and successfully represented the appellant father in the High Court sitting at the Royal Courts of Justice on an appeal to overturn findings made against the appellant father.

During the course of child arrangement proceedings, the matter came before the court at first instance for a 3-day contested, fact-finding hearing heard by the Designated Family Judge. The appellant father had a serious and far-reaching finding made against him namely that he had sexually abused his daughter who was then 4 years old. Consequently, he was denied a relationship with his daughter.

Whilst the appellant father did not have the benefit of legal representation during the fact-finding process, upon seeking advice from Emma, grounds of appeal and a skeleton argument were submitted to the High Court. The case was somewhat distinct in that the appellant father was significantly out of time for lodging an appeal and therefore, Emma firstly had to persuade the High Court that permission out of time should be granted.

Permission to appeal, along with appealing out of time, was considered on the papers and granted in light of Emma’s persuasive grounds of appeal and skeleton argument. Following the hearing of submissions, the High Court allowed the appeal and overturned the serious finding made against the appellant father. Findings will rarely be interfered with by an appellant court. However, Emma’s meticulous preparation and compelling advocacy played a pivotal role in securing the successful outcome of overturning the findings.

This success is a testament to Emma’s unwavering commitment to her clients and her profession.

The full judgment of the case can be found here.