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08 January 2010
Issue: 7399 / Categories: Case law , Law digest
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Family law

Re O-M (children) (expert evidence: non-accidental injuries) [2009] EWCA Civ 1405; [2009] All ER (D) 207 (Dec)

A clear distinction had to be drawn between the functions of treating clinicians and expert witnesses. A blanket approach which precluded treating clinicians from becoming jointly instructed witnesses in respect of children they had treated ran the risk of the court being deprived of expertise and excellence in those cases where children had been fortunate enough to have encountered clinically one of the diminishing number of doctors who were also ready, willing and able to participate in the forensic process.

A clear distinction had to be drawn between a medical decision as to what was clinically required for a child’s treatment and a forensic decision about what was necessary to ensure the proper determination of an issue. There would be circumstances where a second expert opinion was necessary to enable a process not only to be fair but to be seen to be fair.

Such an opinion, if obtained by parents accused of causing non-accidental injuries, might be conclusive of

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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