Source: All England Reporter
Publisher Citation: [2011] All ER (D) 30 (Dec)
Neutral Citation: [2011] EWCA Civ 1451
Court: Court of Appeal, Civil Division
Judge:

Sir Nicholas Wall P, Rimer and Jackson LJJ

Representation Jonathan Kirk QC for the father.
  David Vavrecka for the authority.
  The second respondent did not appear and was not represented.
  Jane Rayson and Andrew Powell for the third respondent.
Judgment Dates: 6 December 2011

Catchwords

Family proceedings - Evidence - Expert evidence - Father seeking permission to seek second expert evidence from different expert - Court hearing evidence from father and first expert - Court not allowing for second expert and continuing with proceedings - Whether judge erring in exercise of discretion.

The Case

Family proceedings Evidence. The Court of Appeal, Civil Division, in dismissing a father's appeal against the judge's refusal to allow him to obtain a second report from a different expert in family proceedings, held that the decision had been one of judicial discretion which had, in the circumstances, been properly exercised.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.