When new evidence emerges: re-opening findings

James Cleary, St Ives Chambers

The doctrine of ‘issue estoppel’ – established as long ago as 1843 – says that a party cannot relitigate matters that have already been determined by the court (save for certain circumstances such as new evidence emerging). Over the last thirty years there has been both debate and judicial scrutiny of the extent to which ‘issue estoppel’ should apply in children cases. The position is now well settled – though not without a ‘twist’ along the way in which the author played a role. In this article the development of the law will be considered, before moving onto the established approach now to be taken in children cases where new evidence emerges. It will conclude with some practical observations of how to manage cases – and advise lay clients – in which this issue arises. 

The full article has published in the February issue of Family Law.  Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482

Read the full article here.