Source: All England Reporter
Publisher Citation: [2002] All ER (D) 117 (Mar)
Court: Court of Appeal, Civil Division

Thorpe, Mance LJJ and Neuberger J

Representation Ian Peddie QC and Ellen Saunders for S.
  Andrew McFarlane QC and Frances Judd for the local authority.
  Alison Ball QC and Dorian Day for the mother.
  Jonathan Baker QC for the guardian ad litem.
Judgment Dates: 8 March 2002


Family proceedings - Care proceedings - Judicial investigation and determination of responsibility for injuries suffered by child - Judge reaching conclusion based on hearsay evidence in absence of memorandum video of child - Judge finding mother's boyfriend to be sole assailant and exonerating mother - Local authority later disclosing existence of video evidence of child - Whether judge's findings of fact erroneous - Whether retrial appropriate.

The Case

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