header-logo header-logo

15 September 2017
Issue: 7761 / Categories: Legal News , Family , In Court
printer mail-detail

Post-Gard: time for independent assessors?

rexfeatures_8971962_burrows

A family lawyer and NLJ columnist has called for the use of independent assessors rather than family courts to resolve complex inquiries such as the Charlie Gard case.

Writing in this week’s NLJ, solicitor David Burrows recalls the complexities surrounding the case of Charlie Gard, Re Gard (A Child) [2017] EWHC 1909 (Fam), [2017] All ER (D) 148, who had severe brain damage and could not see, hear or breathe unaided.

Burrows questions whether courts are the best places to resolve such difficult issues. Instead, a little-used procedure could help—the Senior Courts Act 1981,
s 70(1), under the heading ‘Assessors and scientific advisers’.

Burrows says: ‘In Charlie’s case, where the parents had no legal aid, an assessor independent from the hospital (paid for by the hospital, whose staff would then be largely released from attending court to give evidence) might have gone a little way to help them to feel they had a fair trial with medical evidence separate from the hospital which made the court application.’

Issue: 7761 / Categories: Legal News , Family , In Court
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll