I currently have an appeal case orginally this case was listed a few yrs ago as a living together case. The client was dating the man at the time and where planning to get married at the time investigations was been carried out. The client also has a number of medical conditions and at times her partner would have helped out where possible. The case was adjourned to go for prosection, the case when to a solicitor and we heard nothing more about this until the client came back to say that the case was thrown out of court by the CPS but had again been listed for an appeal hearing. In the middle of all this the pair have now slipt and the ex is no where to be seen. The clients solicitor will not help with the appeal and has come back to me for help with the appeal. My questions is as an appeal is on the balance of prob and court deals with beyond reasonable doubt would what happened with the court case not over rule the out come of an appeal?

I have looked over the papers today to get ready for the appeal and it seems that the partner would have used her address for corrasponace with her premission is there any commissioners decisions on this area.

Also is there anything to state how may nights a partner can stay over.

I also fund some of the investigtors questions to be leading is there any rules about this re in PACE.

There is no rule or regulation or case law about how many nights a "partner" can stay over. LT cases are not decided on that aspect.

The fact CPS did not proceed with the case means there is no court case and "reasonable doubt" is not an issue regarding it having any impact on the appeal case. It is a fact that can be placed before the tribunal though.

Again, the conduct of the investigators in their interview, is not something the tribunal can make any determination on, apart from making decisions on how to weigh that evidence. So if you can reduce the weight of that evidence with your submission about how they "led" your client, that is the way to go.

LT decisions are based on the overall picture of financial, domestic, social arrangements, and most importantly whether the alleged partner has another address which can be verified, etc.