RL v Nottinghamshire CC & Anor (Rev1) [2022] EWFC 13 (08 March 2022)

RL v Nottinghamshire CC & Anor (Rev1) [2022] EWFC 13 (08 March 2022)

The applicant failed to demonstrate solid grounds for a rehearing. No new evidence was presented that could not have been obtained with reasonable diligence at the original hearing. The findings regarding the cause of the injuries were primary findings of fact, unassailable on rehearing. Changes in medical practice or literature, and the possibility of OI, do not meet the threshold for reopening the case. The application is dismissed to preserve finality and prevent injustice to other parties.

Citation
[2022] EWFC 13
Parties
Applicant: RL; First Respondent: Nottinghamshire County Council; Second Respondent: CS (A child by her Guardian); First Intervener: DS; Second Intervener: TL; Third Intervener: Nottinghamshire University Hospital NHS Trust; Fourth Intervener: Dr JT
Jurisdiction
England and Wales
Judgment Date
08 March 2022
Procedural Posture
Family Court – Application for Rehearing of Fact Finding / Application for Rehearing After Final Fact Finding and Special Guardianship Order
Outcome
Application dismissed
Legal Topics
Rehearing of Fact Finding, Issue Estoppel, Res Judicata, Non Accidental Injury, Osteogenesis Imperfecta, Expert Evidence, Finality of Litigation
Family Law Child Protection Rehearing of Fact Finding Issue Estoppel Res Judicata Non Accidental Injury Osteogenesis Imperfecta Expert Evidence +1 more

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Parties

RL

Applicant

Nottinghamshire County Council

First Respondent

CS (A child by her Guardian)

Second Respondent

DS

First Intervener

TL

Second Intervener

Nottinghamshire University Hospital NHS Trust

Third Intervener

Dr JT

Fourth Intervener

Procedural Posture

Family Court – Application for Rehearing of Fact Finding / Application for Rehearing After Final Fact Finding and Special Guardianship Order

Legal Issues

  1. 1 Whether the applicant mother has established solid grounds for a rehearing of the 2016 fact-finding decision regarding non-accidental injuries to her child
  2. 2 Whether new evidence or changes in medical standards justify reopening findings under the Children Act 1989

Ratio Decidendi

The applicant failed to demonstrate solid grounds for a rehearing. No new evidence was presented that could not have been obtained with reasonable diligence at the original hearing. The findings regarding the cause of the injuries were primary findings of fact, unassailable on rehearing. Changes in medical practice or literature, and the possibility of OI, do not meet the threshold for reopening the case. The application is dismissed to preserve finality and prevent injustice to other parties.

Court Disposition

Application dismissed

Orders

  • Mother's application for rehearing of fact-finding is refused
  • No permission granted for further expert evidence or rehearing