R v Cardiff Council [2011] EWCA Civ 1590

Facts

• The case addressed the inquisitorial method in legal proceedings, where the court plays an active role in investigating the facts, differing from the adversarial system driven by party evidence.
• In R (CJ) v Cardiff City Council [2011] EWCA Civ 1590, the claimant requested housing under the Children Act 1989, asserting he was a child under 18 at the time of his illegal entry into the UK.
• The High Court had placed the burden of proof on the claimant, who was unsuccessful.
• On appeal, the Court of Appeal examined whether the court should independently determine the claimant’s age as a precedent fact.

Issues

1. Whether the court, rather than the parties, bears responsibility for determining the existence of precedent facts in applications under the Children Act 1989.
2. Whether the judicial function in such cases is properly characterized as inquisitorial, requiring active investigation by the court.
3. How common law jurisdictions reconcile inquisitorial elements with adversarial principles in both court and tribunal contexts.

Decision

• The Court of Appeal held that the question of whether the claimant was a child under section 20 of the 1989 Act was a precedent fact to be determined by the court.
• The court confirmed it was not limited to reviewing the evidence presented by the parties, but held an active duty to investigate the facts.
• Rather than requiring either party to prove the precedent fact, the court ascertained the fact on the balance of probabilities in an inquisitorial role.
• This decision clarified that common law courts may assume an inquisitorial function where the determination of essential facts is required.

Legal Principles

• An inquisitorial approach involves judicial responsibility for establishing facts, often through direct questioning and independent investigation.
• Courts may depart from strict adversarial procedures to actively uncover the truth, especially when resolving precedent facts.
• The inquisitorial principle can extend beyond traditional courts to tribunals, which frequently use active fact-finding to resolve specialized disputes.
• Fairness, impartiality, and clearly defined procedural safeguards are essential to balance inquisitorial and adversarial elements.

Conclusion

This case established that, in certain statutory contexts such as under the Children Act 1989, the court must adopt an inquisitorial approach to resolve precedent facts, independently investigating and determining key issues rather than merely evaluating party submissions, thereby blending inquisitorial and adversarial procedural features in the interest of justice.