S (A Child)

S (A Child)

The judge erred in rejecting the jointly instructed expert's recommendations without hearing her oral evidence or allowing cross-examination, depriving the parties of a fair opportunity to test the evidence. The matter must be reheard before a different judge with the expert present.

Parties
Appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
22 March 2007
Procedural Posture
Family Law Child Contact Application / Appeal From Judgment and Order of Southend County Court
Outcome
Appeal allowed; order set aside; retrial ordered before a different judge.
Legal Topics
Child Contact, Expert Evidence, Appeal Procedure
Family Law Child Contact Expert Evidence Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Father

Appellant

Mother

Respondent

Procedural Posture

Family Law Child Contact Application / Appeal From Judgment and Order of Southend County Court

Legal Issues

  1. 1 Whether the trial judge erred in rejecting the expert's recommendations without hearing her oral evidence
  2. 2 Whether the procedure adopted denied the parties a fair opportunity to test the expert evidence

Ratio Decidendi

The judge erred in rejecting the jointly instructed expert's recommendations without hearing her oral evidence or allowing cross-examination, depriving the parties of a fair opportunity to test the evidence. The matter must be reheard before a different judge with the expert present.

Court Disposition

Appeal allowed; order set aside; retrial ordered before a different judge.

Orders

  • Matter remitted for rehearing before a fresh judge.
  • Dr Butler to attend and give evidence at the rehearing.