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15 September 2017 / David Burrows
Issue: 7761 / Categories: Opinion , Family
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Lessons from Gard: time for assessors?

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 is
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42BR Barristers—4 Brick Court

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NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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