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Family law

26 March 2009
Issue: 7362 / Categories: Case law , Child law , Law digest , Family
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Re B-M (children) (care orders: risk) [2009] EWCA Civ 205, [2009] All ER (D) 155 (Mar)

Where there is a conflict of expert opinion, the judge has to decide which evidence he prefers. Provided he explains his reasoning, the judge cannot be criticised for rejecting expert evidence which is in conflict with other expert evidence which he accepts. Where a judge wrestles with a very difficult case, and reaches a given conclusion, he enjoys a very broad ambit of discretion. In such a case, where a judge reaches a conclusion which he reasonably regards as the better of two imperfect solutions, his decision is likely to be upheld unless some palpable error of law or reasoning can be identified.

Issue: 7362 / Categories: Case law , Child law , Law digest , Family
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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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