Evidence, Practice and Procedure: Limitations on appeals against case management decisions, on instruction of experts and over-representation by lawyers

In Re TG (A Child) [2013] EWCA Civ 5 Sir James Munby P (sitting with Aikens LJ and Sir Mark Hedley) set down a series of markers for the ordering of opinion evidence and appeals from case management decisions - especially in children proceedings. He concluded with a warning to lawyers on the cost of representation which interests do not conflict.

Injuries to a twelve day old child were unexplained. In care proceedings the father supported by the mother wanted to call an American expert on orthopaedic biomechanics (the study of influences of forces on the human body). Five medics were already instructed and the case had been managed to a specific trial date which delivery of the further report would pre-date by one working day. His Honour Judge Bellamy - the ‘clarity and incisiveness' of whose judgement was commended by the court (para [16]) - refused permission to instruct the biomechanics expert. He had already rejected...