Avaia Williams Barrister Parklane Plowden Chambers
Family judges decide facts on the balance of probabilities: either it happened or it did not. There is no third box labelled “might have”. In cases of paediatric gonorrhoea however courts have at times elevated a theoretical mechanism “fomite” transmission into a decisive alternative.
This article explores why that slip from possibility into probability is concerning what F and B (Fact-Finding: Gonorrhoea) [2025] EWCA Civ 340 teaches about avoiding the trap and how to handle expert evidence that trades in non-binaries within a court system that does not.
The full article has published in the December issue of Family Law. Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482



