Source: All England Reporter
Publisher Citation: [2002] All ER (D) 401 (Jul)
Court: Court of Appeal, Civil Division

Ward LJ and Sir Martin Nourse

Representation Ernest Ryder QC and Jonathan Butler for the mother.
  Margaret de Haas QC and Malcolm Sharpe for the local authority.
  Margaret de Haas QC and Kevin Reade for the guardian ad litem.
  Michael Sellars for the father.
Judgment Dates: 26 July 2002


Child - Child abuse - Cause of injury - Child suffering serious non-accidental injuries - Father admitting causing one set of injuries - Liability for child's other injuries determined as preliminary issues in care proceedings - Judge finding evidence not sufficient to exclude mother and positively identify father as perpetrator of injuries - Whether judge in error - Whether judge incorrectly placing burden of proof on respondent to application for care order.

The Case

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