Cumbria County Council v M and F (Application for Rehearing) [2015] EWFC 35 (24 April 2015)

Cumbria County Council v M and F (Application for Rehearing) [2015] EWFC 35 (24 April 2015)

Justice requires a further hearing because the new medical evidence raises serious issues that may cast doubt on the original findings, the matter is of central importance to the family and the children's welfare, and the evidence comes from reputable sources commissioned in response to court concerns.

Source-derived case information.

Citation
[2015] EWFC 35
Parties
Applicant: Cumbria County Council; 1st Respondent: M; 2nd Respondent: F; 3rd Respondents: The Children (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
24 April 2015
Procedural Posture
Family Court Application for Rehearing / Post Judgment Application for Rehearing of Fact Finding
Outcome
Application for rehearing granted
Legal Topics
Rehearing of Fact Finding, Care Proceedings, Fresh Evidence, Finality of Litigation
Family Law Child Protection Rehearing of Fact Finding Care Proceedings Fresh Evidence Finality of Litigation

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Parties

Cumbria County Council

Applicant

M

1st Respondent

F

2nd Respondent

The Children (by their Children's Guardian)

3rd Respondents

Procedural Posture

Family Court Application for Rehearing / Post Judgment Application for Rehearing of Fact Finding

Legal Issues

  1. 1 Whether new medical evidence justifies a rehearing of fact-finding regarding the death of Poppi Worthington
  2. 2 Whether the original findings should be revisited in light of further expert opinions

Ratio Decidendi

Justice requires a further hearing because the new medical evidence raises serious issues that may cast doubt on the original findings, the matter is of central importance to the family and the children's welfare, and the evidence comes from reputable sources commissioned in response to court concerns.

Court Disposition

Application for rehearing granted

Orders

  • Further hearing to take place in the autumn, limited to medical testimony unless clarification is needed
  • Transcripts and notes from earlier proceedings to be gathered