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27 November 2008
Issue: 7347 / Categories: Case law , Child law , Law digest , Family , In Court
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Family law

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Re M (children) (fact-finding hearing: burden of proof) [2008] EWCA Civ 1261, [2008] All ER (D) 187 (Nov)

English v Emery Reimbold & Strick Ltd [2002] EWCA Civ 605, [2002] 3 All ER 385 applies to family cases. After a judge has given judgment, counsel have a positive duty to raise with the judge not just any alleged deficiency in his reasoning process but any genuine query or ambiguity which arises on the judgment.

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