M, Re (Rev 4)

William Tyler QC and Philip Booth (instructed by Grahame Stowe Bateson Solicitors) for the Applicant Taryn Lee QC and Fiona Clancy (instructed by L.A.) for the 1st Respondent 2nd Respondent appeared in person John Hayes QC and Guy Swiffen (instructed by Henry Hyams Solicitors) for the 3rd Respondent Darren Howe QC (instructed by Williamsons Solicitors) for the 4th & 5th Respondent Hearing dates: 23rd, 24th & 25th March 2015 ____________________

i) Whether I permit a re-opening of findings of fact made by His Honour Judge Dowse on the 30 th August 2007;

ii) Whether those facts are subsequently displaced by alternative findings upon rehearing;

i) "The fact of the judgment and the forensic circumstances in which it came into being make the judgment a highly significant factor in the subsequent decision making exercise.

i) We assert � that the Sheriff's judgment is, in substance, in form, and in its logical and legal analysis, of a demonstrably higher quality than that of HHJ Dowse. Recognising that this is not (currently) an appeal, this is still a significant and relevant factor in determining the weight to attribute to the judgment.