B (a child), Re

B (a child), Re

The appeal was allowed to the limited extent of permitting the parents to instruct Dr Banks as an expert, given the mother's new position of separating from the father and the importance of perceived fairness. The judge's prior comments did not amount to bias or prejudgment, and the trial would remain before HHJ Vincent.

Parties
Applicant: Local Authority; Respondent: Father; Respondent: Mother; Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
16 May 2007
Procedural Posture
Care Proceedings (child Protection) / Appeal From Directions Hearing
Outcome
Appeal allowed in part
Legal Topics
Care Orders, Expert Evidence, Fair Trial Rights, Judicial Bias
Family Law Child Protection Care Orders Expert Evidence Fair Trial Rights Judicial Bias

Case Brief

Summary, issues, holding and outcome

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Parties

Local Authority

Applicant

Father

Respondent

Mother

Respondent

Local Authority

Respondent

Procedural Posture

Care Proceedings (child Protection) / Appeal From Directions Hearing

Legal Issues

  1. 1 Whether the parents should be permitted to instruct an additional expert (Dr Banks) in care proceedings
  2. 2 Whether the trial judge's directions and comments demonstrated bias or unfairness
  3. 3 Whether the parents' Article 6 and 8 rights were infringed

Ratio Decidendi

The appeal was allowed to the limited extent of permitting the parents to instruct Dr Banks as an expert, given the mother's new position of separating from the father and the importance of perceived fairness. The judge's prior comments did not amount to bias or prejudgment, and the trial would remain before HHJ Vincent.

Court Disposition

Appeal allowed in part

Orders

  • Parents permitted to instruct Dr Banks as an expert
  • Consequential amendments to directions to be agreed by counsel