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
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
Unequal chances? Ethnic disproportionality in child welfare and family justice
Many have experienced their own Black Lives Matter moment in the last 12 months, a sharp realisation of entrenched prejudices and inequalities that still exist in our society.In the family justice...
Changes to the law on Domestic Abuse
Official statistics (ONS (2016), March 2015 Crime Survey for England and Wales (CSEW)) show that around 2 million people suffer from some form of domestic abuse each year in the UK. In...
Managing costs in complex children cases
In November 2020 Spice Girl Mel B was in the news, despairing about how the legal costs of trying to relocate her daughter Madison from the US to England were likely to bankrupt her, leading to her...
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