H-L (A Child), Re

Permission to instruct an expert is only granted where it is strictly necessary to assist the court to resolve the proceedings; in this case, limited instruction of the geneticist was necessary to clarify the central medical issue, but instruction of a haematologist and paediatrician was not justified.

Parties: Mother/appellant: EM; Respondent/local Authority: Sunderland City Council; Child/subject: H-L; Father/supporting Appellant: Father
Jurisdiction: England and Wales
Judgment Date: 13 June 2013
Procedural Posture: Care Proceedings / Appeal From Case Management Decision
Outcome: Appeal allowed in part, dismissed in part.
Legal Topics: Expert Evidence, Case Management, Care Proceedings, Necessity Test, Disclosure of Medical Records

Family Law Child Protection Expert Evidence Case Management Care Proceedings Necessity Test Disclosure of Medical Records

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2

Parties

Mother/appellant

Sunderland City Council

Respondent/local Authority

H-L

Child/subject

Father

Father/supporting Appellant

Procedural Posture

Care Proceedings / Appeal From Case Management Decision

Legal Issues

1 Interpretation of 'necessary' in Family Procedure Rules 2010, rule 25.1 for expert evidence
2 Whether permission should be granted to instruct expert witnesses (geneticist, haematologist, paediatrician) in care proceedings

Ratio Decidendi

Court Disposition

Appeal allowed in part, dismissed in part.

Orders

Permission granted to instruct Dr Turnpenny (geneticist) for targeted questions only.
Appeal dismissed regarding instruction of haematologist and paediatrician.