“…Mr Shaw referred to In Re A (Children) (Care Proceedings: Burden of Proof) [2018] EWCA Civ 1718, in which King LJ gave guidance on the correct approach to fact finding and the application of the burden of proof …. She summarised the guidance at paragraph …”
“…ntends that the judge impermissibly resorted to the burden of proof, contrary to the guidance summarised in Re A (Children) (Care Proceedings: Burden of Proof) [2018] EWCA Civ 1718, [2018] 4 WLR 117 cited by the judge at [187], to resolve the issue when his own assessment at [117] and the Appendix 2 calculation showed that there was suffi…”
“…The local authority appealed, and on 25 July 2018 its appeal was allowed: see A (Children) [2018] EWCA Civ 1718. King LJ, in a judgment with which the Senior President of Tribunals and Sales LJ agreed, concluded that the judge had not correctly approached the burden of p…”