R (CJ) v Cardiff City Council [2011] EWCA Civ 1590

Court: Court of Appeal

Facts: The appellant claimed to be under 18 when he illegally entered the UK and sought housing under the Children Act 1989, asserting he qualified as a child. Ousely J ruled that, based on medical evidence, the appellant was likely over 20 years old and held that the burden of proof lay with the claimant to establish that he was a child.

Issue: Who bears the legal burden of establishing a precedent fact regarding an individual's age under the Children Act 1989?

Held: Appeal dismissed; the appellant was not entitled to housing. The court determined it was responsible for establishing, on a balance of probabilities, whether the claimant was a child

💡Leveluplaw: This case clarifies the treatment of burden of proof concerning precedent facts in legal proceedings, particularly in matters related to age assessments under the Children Act. It emphasizes the court's inquisitorial role in determining facts rather than placing the burden solely on one party, thus ensuring fairness in cases involving vulnerable individuals. This precedent is vital for future cases where age determinations impact rights and services.