A Local Authority v X (Attendance of Experts)

A Local Authority v X (Attendance of Experts)

It is necessary in the interests of justice for Drs Hogarth, Jayamohan, Olsen, Ward, Saggar, and Brockelsby to attend the hearing because the expert evidence is central to the determination of the issues, is disputed by the parents, and written questions and expert meetings are insufficient to ensure fairness; cross-examination is required to allow proper challenge and maintain the overall fairness of the hearing.

Parties
Applicant: A Local Authority; First Respondent: AX; Second Respondent: DA; Third Respondent: LX
Jurisdiction
England and Wales
Judgment Date
06 April 2025
Procedural Posture
Care Proceedings / Case Management Application
Outcome
Application granted
Legal Topics
Expert Evidence, Case Management, Children Act 1989, Attendance of Experts, Fair Hearing, Cross Examination
Family Law Child Protection Expert Evidence Case Management Children Act 1989 Attendance of Experts Fair Hearing Cross Examination

Case Brief

Summary, issues, holding and outcome

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Parties

A Local Authority

Applicant

AX

First Respondent

DA

Second Respondent

LX

Third Respondent

Procedural Posture

Care Proceedings / Case Management Application

Legal Issues

  1. 1 Whether it is necessary in the interests of justice for expert witnesses to attend the hearing under FPR 2010 r.25.9(2)
  2. 2 Proper approach to directions for expert attendance in public law children proceedings
  3. 3 Application of the test of necessity under FPR r.25.9(2)

Ratio Decidendi

It is necessary in the interests of justice for Drs Hogarth, Jayamohan, Olsen, Ward, Saggar, and Brockelsby to attend the hearing because the expert evidence is central to the determination of the issues, is disputed by the parents, and written questions and expert meetings are insufficient to ensure fairness; cross-examination is required to allow proper challenge and maintain the overall fairness of the hearing.

Court Disposition

Application granted

Orders

  • Drs Hogarth, Jayamohan, Olsen, Ward, Saggar, and Brockelsby are directed to attend the hearing determining the facts pleaded by the local authority.
  • No direction for attendance of Drs Keenan or Ratnam.