Appeal Against Findings Without an Order

In Re B (A Child) (Split Hearings: Jurisdiction) (CA LSG 17 December)

The judge in care proceedings at a split hearing found that the child had suffered non-accidental injuries but rejected medical evidence as to its timing. He adjourned the proceedings without making any declaration or order. The findings of fact were of such crucial importance to the final decision that they could be treated as determinative and falling within s77 of the County Courts Act 1984 so as to give jurisdiction to hear an appeal against the findings even though no order had been made. As the judge had failed to give logical reasons for not accepting the expert medical evidence, he had erred in principle so that the decision could not stand and the case should be heard afresh.