Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
View all articles

FACT-FINDING HEARING: Re M (Fact-Finding Hearing: Injuries to Skull) [2012] EWCA Civ 1710

Sep 29, 2018, 18:37 PM
Slug : fact-finding-hearing-re-m-fact-finding-hearing-injuries-to-skull-2012-ewca-civ-1710
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jan 7, 2013, 10:24 AM
Article ID : 101301

(Court of Appeal, Munby, Kitchin LJJ, Sir Stephen Sedley, 20 December 2012)

The 5-month-old child was admitted to hospital with 3 rib fractures and complex bilateral skull fractures although fortunately did not suffer the very serious brain injuries which would ordinarily accompany fractures of that severity. The parents claimed that several weeks prior to the hospital admission the mother had squeezed the child's chest to avoid dropping her as she fell out of the bath. The father claimed that on the day before admission he had dropped the child and she had hit her head on a low table before she hit the floor.

During a fact-finding hearing experts described the child's skull fractures as spectacular and beyond anything they had seen before in a child of this age. An abnormal bone fragility was ruled out. The fact that she suffered no apparent pain or neurological facts was said to be not just unusual but inexplicable. None of the experts was able to come up with an explanation as that went beyond what each acknowledged was speculation.

The judge found that the evidence was weighted in favour of finding that it was more likely than not that the parents had not told the truth about what happened to the child. She was not able to identify which parent was responsible for the injuries and therefore both parents remained in the pool of possible perpetrators. The parents appealed.

The judge had failed to explain how in light of the expert evidence she was able to arrive at her conclusion. Her refusal to find that there was something unexplained and beyond current medical knowledge was inconsistent with the expert evidence and required a more convincing process of reasoning. The judgment was set aside and remitted for re-hearing before a judge of the Family Division.

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from