ON APPEAL FROM CHESTER COUNTY COURT
(HIS HONOUR JUDGE KEVIN BARNETT)
Lower Court No: CH10C00604
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE WILSON
LORD JUSTICE RIMER
| In the matter of F ( A child )
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Mr Anthony Hayden QC and Miss Lorraine Cavanagh (instructed by Hibberts, Crewe ) appeared on behalf of the Respondent Mother.
Mr Anthony Hayden QC and Mr Karl Rowley (instructed by Poole Alcock LLP, Crewe) appeared on behalf of the Respondent Father.
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Lord Justice Wilson:
"There is a further reason to remit the case. The judge found the threshold crossed in relation to William on the basis that there was a real possibility that the mother had injured Jason. That, as already explained, is not a permissible approach to a finding of likelihood of future harm ... a prediction of future harm has to be based on findings of actual fact made on the balance of probabilities. It is only once those facts have been found that the degree of likelihood of future events becomes the 'real possibility' test..."
In my view the strict status of that passage as obiter carries very little significance in circumstances in which it is all of a piece with a number of earlier, yet also recent, decisions of the House of Lords.
Lord Justice Rimer :
Lord Justice Pill:
Order: Appeal dismissed
Permission to appeal refused