Jurisdiction(s):
United Kingdom

Re D: EWCA Civ (England and Wales) warns against judicial overreach with medical literature in care fact-finding; totality of evidence required; improper findings beyond the case set aside

Published on: 17 July 2024

Published by a LexisNexis Family expert

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Article summary

Re D and another (Fact-Finding: Research Literature) [2024] EWCA Civ 663, [2024] All ER (D) 90 (Jun)

What are the practical implications of this case?

This decision emphasises that, when making findings of fact, the court must evaluate the evidence as a whole. Judges should avoid placing disproportionate weight on medical research publications. The ruling further cautions against judges adopting an ‘expert’ mantle by conducting their own interpretation of scientific papers. It also highlights the particular challenges inherent in appraising medical material on the causation of intracranial haemorrhage. With the Suspected Inflicted Head Injury Service (SIHIS) pilot being introduced within selected NHS Trusts, the case may prove significant in illustrating the continuing need for rigorous judicial scrutiny and the testing, through cross-examination, of multiple experts. Determinations should arise from synthesising all strands of material together carefully.

What was the background?

This matter involved two brothers, A and D. At six months old, A was taken to hospital by his parents, who reported he had tumbled from the sofa and struck his head. A CT scan revealed intracranial bleeding, which hospital clinicians suspected to be non-accidental. The local authority commenced care proceedings in respect of both the children...

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