Re U (Care Proceedings: Criminal Conviction: Refusal to Give Evidence)
Jurisdiction | England & Wales |
Neutral Citation | [2006] EWHC 372 (Fam) |
Year | 2006 |
Date | 2006 |
Court | Family Division |
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3 cases
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A Mother v A Local Authority
...the contrary, the mother's failure to give evidence should have been determinative of the allegations.” 49 In Re U (Care Proceedings: Criminal Conviction: Refusal to Give Evidence) [2006] EWHC 372 (Fam) (a case not cited to us by counsel), Holman J was faced with a similar situation to tha......
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L-R (Children)
...Civ 669, but also in the judgment of Holman J in the case of Re U (Care Proceedings: Criminal Conviction: Refusal to Give Evidence) [2006] 2 FLR 690, where that judge made it plain that the father's failure in those proceedings to give evidence amounted to contempt of court. 14 Notwithstan......
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C (A Child) (Fact-Finding)
...of his silence in favour of the other party may be either reduced or nullified.” But as Holman J observed in Re U (Care Proceedings: Criminal Conviction: Refusal to Give Evidence) [2006] EWHC 372 (Fam), [2006] 2 FLR 690 at paragraph 30, in a passage approved by this Court recently in Re T......
1 books & journal articles
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The Self-Incrimination Privilege in Care Proceedings and the Criminal Trial and ‘Shall Not Be Admissible in Evidence’
...Civ 669, [2003] 3 FCR 240.35 Ibid. at [35].36 Re Y and K (Split Hearing: Evidence) [2003] EWCA Civ 669, [2003] 2 FLR 273 at[33].37 [2006] EWHC 372 (Fam).The Self-incrimination Privilege in Care Proceedings and the Criminal Trial55 So how far does the promise of protection in s. 98(2) of the......