header-logo header-logo

Lessons from Gard: time for assessors?

15 September 2017 / David Burrows
Issue: 7761 / Categories: Opinion , Family
printer mail-detail

Are the courts the best place to resolve complex inquiries? David Burrows asks if there is a role for independent assessors

Are the courts the best place to resolve complex inquiries? The case of Charlie Gard (Re Gard (A Child) [2017] EWHC 1909 (Fam), [2017] All ER (D) 148 (Jul) (Francis J)—the child who had severe brain damage and could not see or hear or breathe unaided because of a mitochondrial condition—calls for pause for procedural thought. It gives rise to questions of how can cases of complex inquiry best be handled by family courts in a way which parties feel is as fair as possible. Is a judge always the appropriate person to resolve these types of question; or are there others who could help? (Nothing here is intended to take away from Francis J all deep respect for the dignity and care with which he decided the case.)

Where specialist information (‘expert evidence’: (say) medical, engineering, scientific) is needed by the court, parties ask for permission to adduce such evidence as
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

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll