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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll