A County Council v SB & Ors
The normal rule of disclosure applies; the parents' Article 6 ECHR right to a fair hearing outweighs any risk to A from disclosure. The expert's second report must be disclosed to all parties, as the case does not meet the high threshold for non-disclosure.
- Parties
- Applicant: A County Council; Respondent: SB; Respondent: MA; Respondent: AA
- Jurisdiction
- England and Wales
- Judgment Date
- 15 October 2010
- Procedural Posture
- Care Proceedings / Interlocutory Judgment on Disclosure
- Outcome
- Expert's second report ordered to be disclosed to all parties.
- Legal Topics
- Disclosure of Expert Reports, Confidentiality in Children Act Proceedings, Forced Marriage, Honour Based Violence
Case Brief
Summary, issues, holding and outcome
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Parties
A County Council
Applicant
SB
Respondent
MA
Respondent
AA
Respondent
Procedural Posture
Care Proceedings / Interlocutory Judgment on Disclosure
Legal Issues
- 1 Whether the expert's second report containing confidential information should be disclosed to the parties
- 2 Balancing Article 6 ECHR fair hearing rights against potential harm to the child from disclosure
- 3 Role of confidentiality assurances in expert evidence
Ratio Decidendi
The normal rule of disclosure applies; the parents' Article 6 ECHR right to a fair hearing outweighs any risk to A from disclosure. The expert's second report must be disclosed to all parties, as the case does not meet the high threshold for non-disclosure.
Court Disposition
Expert's second report ordered to be disclosed to all parties.
Orders
- Expert's second report to be disclosed to all parties.
- No onward disclosure by parties beyond themselves.
Full Case Text
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