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25 October 2007 / B Mahendra
Issue: 7294 / Categories: Features , Expert Witness
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Expert witness update

B Mahendra reports on recent cases

The facts of the extraordinary case of Re W (a child) (non-accidental injury: expert evidence) [2007] EWHC 136(Fam), [2007] All ER (D) 159 (Apr) exposed the failings of both expert evidence and the processes of the family justice system. When the case ended in a resounding mea culpa (proffered) by the law, it was held that the child, now aged three, had never suffered non accidental injury and that its parents could be completely exonerated of any wrongdoing; their care of the child had, been exemplary. To get some sense of the Kafkaesque nightmare suffered by the parents one must read the long and exemplary judgment given by Mr Justice Ryder.

The much simplified facts were that the child, after developing normally for a few weeks after birth, developed symptoms and signs of a localised neurological disorder. The essence of the task of explanation to be given for this disorder was to determine whether or not the brain injury could have been due to natural events occurring at the

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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