A Local Authority v K & Ors

A Local Authority v K & Ors

The court refused the Local Authority's application to change the instructed paediatrician from Dr Cartliedge to Dr Rose, emphasizing the importance of parental confidence in the expert and the relatively modest shortfall required. The court endorsed replacing Dr Olsen with Dr Oates as paediatric radiologist, and ordered the Local Authority to pay the shortfall for Dr Cartliedge's fees, subject to interim review.

Parties
Applicant: A Local Authority; Respondent: K; Respondent: S; Respondent: The Children (By their Children’s Guardian); Intervener: A
Jurisdiction
England and Wales
Judgment Date
02 June 2025
Procedural Posture
Care Proceedings / Interlocutory Hearing
Outcome
Application to change instructed paediatrician refused; agreement to change paediatric radiologist endorsed; Local Authority ordered to pay shortfall in expert fees, subject to interim review.
Legal Topics
Expert Witness Instruction, Legal Aid Funding, Care Proceedings, Child Injury Assessment
Family Law Child Protection Expert Witness Instruction Legal Aid Funding Care Proceedings Child Injury Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A Local Authority

Applicant

K

Respondent

S

Respondent

The Children (By their Children’s Guardian)

Respondent

A

Intervener

Procedural Posture

Care Proceedings / Interlocutory Hearing

Legal Issues

  1. 1 Whether the court should revoke the order instructing Dr Cartliedge and Dr Olsen as experts and replace them with Dr Rose and Dr Oates due to funding constraints.
  2. 2 Whether the Local Authority should be required to pay the shortfall in expert fees beyond Legal Aid Agency limits.

Ratio Decidendi

The court refused the Local Authority's application to change the instructed paediatrician from Dr Cartliedge to Dr Rose, emphasizing the importance of parental confidence in the expert and the relatively modest shortfall required. The court endorsed replacing Dr Olsen with Dr Oates as paediatric radiologist, and ordered the Local Authority to pay the shortfall for Dr Cartliedge's fees, subject to interim review.

Court Disposition

Application to change instructed paediatrician refused; agreement to change paediatric radiologist endorsed; Local Authority ordered to pay shortfall in expert fees, subject to interim review.

Orders

  • Dr Cartliedge to remain as instructed paediatrician.
  • Dr Oates to replace Dr Olsen as instructed paediatric radiologist.