R (Children) , Re

R (Children) , Re

The appeal was dismissed because the circuit judge's reasoning was sound; the change in circumstances regarding the trial fixture did not affect the lack of relevance of the proposed expert evidence.

Parties
Appellant: Second Respondent Father; First Respondent: Leeds City Council; Second Respondent: Mother; Respondents: Children (Fourth, Fifth, Sixth, Seventh and Eighth Respondents) by their Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
04 May 2012
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Expert Evidence, Relevance of Evidence, Appeal Procedure
Family Law Child Protection Expert Evidence Relevance of Evidence Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Second Respondent Father

Appellant

Leeds City Council

First Respondent

Mother

Second Respondent

Children (Fourth, Fifth, Sixth, Seventh and Eighth Respondents) by their Children’s Guardian

Respondents

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant father should be allowed to instruct an expert (Dr Markos) on transmission of sexually transmitted diseases relevant to the case.

Ratio Decidendi

The appeal was dismissed because the circuit judge's reasoning was sound; the change in circumstances regarding the trial fixture did not affect the lack of relevance of the proposed expert evidence.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed