R (Children) , Re [2012] EWCA Civ 687 (04 May 2012)

R (Children) , Re [2012] EWCA Civ 687 (04 May 2012)

The appeal was dismissed because the circuit judge's reasoning was sound: the proposed expert evidence was not relevant to the issues to be decided, and the change in circumstances regarding the trial fixture did not affect the lack of relevance.

Citation
[2012] EWCA Civ 687
Parties
Appellant: Appellant Father; First Respondent (local Authority): Leeds City Council; Second Respondent: Mother; Respondents: Children (Fourth, Fifth, Sixth, Seventh and Eighth Respondents) by their Children's Guardian
Jurisdiction
England and Wales
Judgment Date
04 May 2012
Procedural Posture
Appeal / Judgment on Appeal From Leeds County Court
Outcome
Appeal dismissed
Legal Topics
Expert Evidence, Relevance of Expert Testimony, Child Welfare Proceedings
Family Law Expert Evidence Relevance of Expert Testimony Child Welfare Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant Father

Appellant

Leeds City Council

First Respondent (local Authority)

Mother

Second Respondent

Children (Fourth, Fifth, Sixth, Seventh and Eighth Respondents) by their Children's Guardian

Respondents

Procedural Posture

Appeal / Judgment on Appeal From Leeds County Court

Legal Issues

  1. 1 Whether the appellant father should be permitted to instruct an expert (Dr Markos) on transmission of sexually transmitted diseases in the context of child welfare proceedings

Ratio Decidendi

The appeal was dismissed because the circuit judge's reasoning was sound: the proposed expert evidence was not relevant to the issues to be decided, and the change in circumstances regarding the trial fixture did not affect the lack of relevance.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed