Introduction
Coram Chambers is proud to announce that three significant judgments featuring Alice Thornton, barrister at Coram Chambers, have recently been published on BAILII.
These cases, heard in the Family Court, underscore complex issues of the importance of procedural fairness in the fact-finding process, controlling and coercive behaviour, and the welfare of children.
Refusal to adjourn fact-finding hearing
The first case involved a five-year-old child, A, at the centre of protracted proceedings. After the mother suffered a violent attack – allegedly orchestrated by the father – the court scheduled a fact-finding hearing to address serious allegations, including coercive and controlling behaviour.
When the hearing resumed in March 2025, the father failed to attend and sought an adjournment. The judge found his reasons unconvincing and his absence likely tactical. The court refused the adjournment, deciding the hearing should proceed in his absence to prevent injustice for the mother and A.
Judgment on set-aside application
In the second case, following his absence, the father applied to set aside the court’s decision under rule 27.5 of the FPR 2010. He argued he should be allowed to give evidence, and cross-examine witnesses the court had already heard.
The court found no judgment or order had been made for him to set aside. Instead, the court used general case management powers to permit the father and his mother to give oral evidence. However, the court declined to recall the mother or the investigating police officer, prioritising the mother’s welfare and the need for finality for the child.
Findings on coercive behaviour
The third judgment concluded the fact-finding process. The court found that the father had subjected the mother to coercive and controlling behaviour, and had little regard for the impact of his behaviour in the criminal investigation process and the family proceedings on the mother or A. The court, however, considered that there was insufficient evidence to conclude he orchestrated the violent attack.
Conclusion
Alice Thornton’s work in these cases demonstrates her expertise in handling complex family law matters. The judgments address the vital balance between fairness, litigation conduct, and the child’s welfare. These cases contribute to the ongoing discussion on best practice within the Family Court.
