1 Garden Court

Re D (A Child) (Appeal out of Time) [2020] EWHC 1167 (Fam)

In this groundbreaking decision, Francesca Wiley QC and Laura Briggs won an appeal on behalf of a father accused of sexually abusing his daughter, seven years ago. The appeal was granted in exceptional circumstances, being nearly 3 1/2 years out of time. Allowing the appeal, Mr Justice Francis held that “the District Judge’s findings are so unsafe and their consequences so serious that I cannot allow them to stand”. The judgment considers the numerous and considerable errors in the court at first instance and looks at the test for relief from sanctions where an appeal is mounted out of time.

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