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Family Law

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Court of Protection Practice and Procedure Conference 2016

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05 NOV 2012

A 'miscarriage of justice' corrected: the difference expert evidence and a full re-hearing can make to the outcome: Sutton LBC v Gray and Butler

Jo Delahunty QC

4 Paper Buildings

William Tyler

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 [2010] EWCA Crim 1269, [2011] 1 FLR 547 revisited in the Family Division in London Borough of Sutton v Gray and Butler [2012] EWHC 2604 (Fam), [2013] 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.


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