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View from the Foot of the Tower: Nothing speaks for itself

Date:24 MAR 2015
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Care Lawyer
The immortal Peter Cook once observed 'I could have been a Judge but I never had the Latin for the judgin’' – like Peter Cook I never really had a grasp on Latin but the one bit that did resonate with me and that I was able to hold on to was ‘res ipsa loquitor’ – the thing speaks for itself. From the very fact that X occurred one can infer everything else without going through every minute aspect.

Well we now know from the Court of Appeal in Re J (A Child) [2015] EWCA Civ 222 that there is no such thing as res ipsa loquitor in care proceedings.

This is a culmination of a trend in case law having begun long ago with Mr Justice Hedley in Re L (Care: Threshold Criteria) [2007] EWHC 3527 (Fam) [2007] 1 FLR 2050 at para [50]:


Read the full article here.