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15 December 2023 / Sarah Hughes , Victoria Rylatt
Issue: 8053 / Categories: Features , Family , Child law
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Families in conflict

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False denials & families in peril: Sarah Hughes & Victoria Rylatt report on recent caselaw where fact finding hearings have uncovered significant issues
  • Covers issues arising after fact finding hearings in recent caselaw on private family cases involving children.

Following a fact finding hearing, the court has the benefit of a factual matrix upon which to base its decision. The outcome of a fact finding hearing can have significant repercussions for the rest of the proceedings, in respect of procedural and substantive matters. Within this article we address some key issues which have arisen in recent case law, further to the outcome of fact finding hearings.

A Mother v A Father

A Mother v A Father [2023] EWFC 105 (14 April 2023) involved a six-year-old girl and was described as ‘full of vitriol, allegation, and counter allegation’, in which the child had made allegations of sexual abuse against her father.

The matter for determination at the fact finding was whether what the child was saying was true. The

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NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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