header-logo header-logo

Family law

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

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

Corker Binning—Priya Dave

Corker Binning—Priya Dave

FCA contentious financial regulation lawyer joins the team as of counsel

Hill Dickinson—Paul Matthews, Liz Graham & Sarah Pace

Hill Dickinson—Paul Matthews, Liz Graham & Sarah Pace

Leeds office strengthened with triple partner hire

Clarke Willmott—Oksana Howard

Clarke Willmott—Oksana Howard

Corporate lawyer joins as partner in London office

NEWS
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
back-to-top-scroll