Expert Evidence in Children Act Proceedings: the Protocol, the Convention and Common Law Rights

06 FEB 2006

Robin Powell, Barrister, Tanfield Chambers. It is the common experience of those practising in the field of public law Children Act proceedings that many, if not the majority, of cases are decided on expert evidence. The expert evidence may be drawn from a wide field ranging from parenting capacity to very complex issues of causation of injury. This article considers whether the Protocol of June 2003 on Judicial Case Management in Public Law Children Act Cases (the Protocol) is potentially in conflict with common law and convention rights to a fair trial if a respondents opportunity to obtain expert evidence is restricted. See March [2006] Fam Law 213 for the full article.

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