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Jo Delahunty QC
4 Paper Buildings
36 Bedford Row:
This is the first of two articles considering the re-litigation of fact-finding hearings in the family courts. This article examines the recently published 'miscarriage of justice' case, R v Butler, Henderson and Oyediran  EWCA Crim 1269,  1 FLR 547 revisited in the Family Division in London Borough of Sutton v Gray and Butler  EWHC 2604 (Fam),  1 FLR (forthcoming). In the December issue of Family Law we will analyse the emerging law and procedure in such cases, including consideration of the vexed question of the use and differing roles of treating medics, previously used experts and newly-instructed experts.