Judge emphasises duties of court appointed experts in family law case

Judgment has been handed down in a recent fact finding case in the family court. Richard Barraclough KC was representing the mother leading Rima Baruah instructed by Julie Mackay of Messrs Hepburn Delaney.

The case concerned catastrophic head injuries sustained by a child after they fell from the father’s arms. After cross examination of the experts the local authority sought to withdraw the case based on NAI. The parents insisted that the matter proceed to full judgment. The judge dismissed the case and ruled that one of the experts called by the authority should be named. The case is of interest not only because it contains a wide-ranging analysis of the literature relating to falls and in particular the research by Weber said to support NAI when in fact quite the opposite is true but also emphasises the duty of court appointed experts when reporting and giving evidence.