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24 January 2008 / Peter Gooderham
Issue: 7305 / Categories: Features , Public , Child law , Constitutional law
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Five years on

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Have any lessons been learned from Sally Clark's case? asks Peter Gooderham

It is approximately five years since Sally Clark’s second appeal was successful and she was freed from prison having served three years for the murder of two of her sons, before the conviction was overturned (see R v Clark [2003] EWCA Crim 1020, [2003] All ER (D) 223 (Apr)). The case has acquired widespread notoriety, chiefly because of issues relating to statistical and pathological evidence. Some important changes relating to expert evidence have taken place as a result of this case.

 

LEARNING FROM

A key feature of was criticism of some of the medical expert witnesses involved. Some have had their reputations ruined, and careers damaged. It remains a matter of debate whether, and to what extent, this is justified.

 

Professor Sir Roy Meadow, a paediatrician, was found guilty of serious professional misconduct (SPM) by the General Medical Council (GMC), and struck off. He had quoted misleading statistics from a government publication, Confidential

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MOVERS & SHAKERS

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Kennedys—Milan Devani

Kennedys—Milan Devani

Chief information officer appointment strengthens technology leadership

Maguire Family Law—Hannah Barlow & Sophie Hughes

Maguire Family Law—Hannah Barlow & Sophie Hughes

Firm strengthens Wilmslow team with two solicitor appointments

DWF—Ian Plumley

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Londoninsurance and reinsurance practice announces partner appointment

NEWS
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NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
NLJ this week: Finality trumps freedom in arbitration showdown
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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