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Case Law Update #6: cross-examining vulnerable parties and procedurally unfair findings

RESOURCES / Podcasts

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Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors.

Episode 19 – Case Law Update #6: cross-examining vulnerable parties and procedurally unfair

In this episode, Chelsea Bartlett discusses an appellate decision which considers the balance between ensuring compliance with rules of FPR Part 3A and PD3AA whilst enabling all parties to adequately put their case. Kate Pearson looks at the appellate court’s view of a decision to make findings of alienating behaviours despite a preliminary determination that such allegations would not be considered.

Case Citations 

R v R [2025] EWHC 3180 (Fam)

A Mother (Appeal: Alienating Behaviours: Fair Procedure) [2026] EWHC 783