11 September 2008
Re R (a child)(fact finding hearing) [2008] All ER (D) 243 (Jul)
Trial judges conducting preliminary fact-finding hearings in family law cases should never terminate the case without hearing all the available evidence and so should not accept a submission of no case to answer.
The court could only conceive of such a termination being permissible where it rested on a concession from the applicant that it was inevitable at conclusion of the hearing.
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