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N (a Local Authority) v A & Ors (Importance of Oral Expert Evidence)

[2024] EWFC 100 (B)
A court case about a child's injuries was nearly finished quickly because the expert witness gave evidence in person. The judge explained that even though it's important to speed up child court cases, sometimes it's essential to hear from experts directly so everyone understands the evidence and the case can be settled fairly. This prevented a long trial and helped the child quickly.

Key Facts

  • Welfare case concerning a 2-year-old child (C) with suspected non-accidental injuries.
  • Public law order application filed on February 1st, 2023.
  • Independent expert produced three reports concluding the child suffered four inflicted burns.
  • Parents (A and B) and two relatives (D and E) involved; only A, D, and E disputed responsibility.
  • Fact-finding hearing scheduled, but abandoned after oral expert evidence.
  • Case resolved with a 12-month Supervision Order under s31 of the Children Act 1989.

Legal Principles

Importance of oral expert evidence in achieving just and expeditious resolution of cases.

Family Procedure Rules 2010 (FPR 2010)

Proactive case management to achieve efficiency and proportionality while ensuring fairness.

FPR 2010

Balancing robust case management with the need for 'just' and 'fair' proceedings; oral expert evidence can play a crucial role in achieving this balance.

FPR 2010

The initial challenge to, or request for clarification of, the views of an expert should come through questions formulated and answered in advance of a fact-finding hearing or final hearing.

FPR 2010

Outcomes

Fact-finding hearing abandoned.

Oral expert evidence significantly impacted the Local Authority's case, leading to acceptance of facts by A, D, and E.

12-month Supervision Order made under s31 Children Act 1989.

In the best interests of the child (C), considering the accepted facts and expert evidence.

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