Spencer v Anderson (Paternity Testing: Jurisdiction)

Spencer v Anderson (Paternity Testing: Jurisdiction)

There is no statutory power to direct post-mortem scientific testing to establish biological relationships, but the High Court possesses an inherent jurisdiction to order such testing in cases falling outside the statutory scheme where the absence of a remedy would lead to injustice. In this case, the interests of the applicant in knowing his parentage, the medical implications, and the interests of justice outweigh the countervailing considerations, and testing should be directed.

Parties
Applicant: David Spencer; Respondent: Carol Spencer; Respondent: Darren Hall; Respondent: Valerie Anderson (Personal Representative of the Estate of William Brian Anderson Deceased)
Jurisdiction
England and Wales
Judgment Date
15 April 2016
Procedural Posture
Declaration of Parentage Application Under Section 55 a Family Law Act 1986 / Judgment on Application for Post Mortem DNA Testing
Outcome
Application granted
Legal Topics
Paternity Testing, Inherent Jurisdiction, Post Mortem DNA Testing, Consent to Medical Testing, Article 8 ECHR, Statutory Interpretation
Family Law Civil Procedure Human Rights Paternity Testing Inherent Jurisdiction Post Mortem DNA Testing Consent to Medical Testing Article 8 ECHR +1 more

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 4 Authorities cited 26 Party arguments 2
Sign in to unlock

Parties

David Spencer

Applicant

Carol Spencer

Respondent

Darren Hall

Respondent

Valerie Anderson (Personal Representative of the Estate of William Brian Anderson Deceased)

Respondent

Procedural Posture

Declaration of Parentage Application Under Section 55 a Family Law Act 1986 / Judgment on Application for Post Mortem DNA Testing

Legal Issues

  1. 1 Whether the court can direct scientific testing of the DNA of a deceased person for paternity evidence
  2. 2 Whether there is statutory or inherent jurisdiction to order post-mortem DNA testing
  3. 3 Whether such testing should be ordered in the circumstances

Ratio Decidendi

There is no statutory power to direct post-mortem scientific testing to establish biological relationships, but the High Court possesses an inherent jurisdiction to order such testing in cases falling outside the statutory scheme where the absence of a remedy would lead to injustice. In this case, the interests of the applicant in knowing his parentage, the medical implications, and the interests of justice outweigh the countervailing considerations, and testing should be directed.

Court Disposition

Application granted

Orders

  • Scientific testing is directed to establish the paternity of Mr Spencer using the stored DNA sample of the late Mr Anderson.
  • Counsel are invited to submit a draft order reflecting this decision and replicating protections akin to those under the Family Law Reform Act 1969.