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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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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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