header-logo header-logo

08 January 2010
Issue: 7399 / Categories: Case law , Law digest
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll