“… family cases of Re M (Fact-Finding Hearing: Burden of Proof)[2009] 1 FLR 1177 and Re A and another (Children) (Judgment: Adequacy of Reasoning) (Practice Note)[2012] 1 WLR 595.…”
“…[2012] 1 WLR 595 (hereafter “the Practice Note”), the right course would have been to invite the judge to provide additional reasons for his decision. Mr Cleary’s principal sub…”
“… whose outcome was subject to revision at the subsequent hearing. That approach was followed by this court in Re A (Children)(Fact-finding: Inadequate Reasons) [2012] 1 WLR 595 at [21] and was endorsed by the Supreme Court in Re S-B (Children)(Non-accidental Injury) [2010] 1 AC 678 at [46]:…”
“…e with the guidance given in English v Emery Reimbold & Strick Ltd (Practice Note) [2002] EWCA Civ 605 [2002] 1 WLR 2409, as applied to family cases in In re A [2012] 1 WLR 595, to elaborate his reasoning and in doing so realises that his original decision was wrong, should he not, as part of that process, be entitled or even required…”
“…Egan -v- Motor Services was in turn followed by a Practice Note relating to family proceedings in Re A and another (Children) (Judgment: Adequacy of Reasoning) [2012] 1 WLR 595 (“the Practice Note”). In the Practice Note, Munby LJ (as he then was) set out, by reference to English v Emery Reimbold, the procedure to be adopted in cases …”