M (A Child) (Non-Accidental Injuries; Wider Canvas), Re [2024] EWFC 209 (B)

Tina Cook KC and Kate Kochnari (instructed by Louise Duckett of DSD Law) represented the Mother in proceedings where it was alleged the parents or a member of the family had caused their baby extensive injuries. 

Numerous experts were instructed, including a pharmacologist, to consider whether any medications mother and baby had taken had caused a susceptibility in baby to fracture. None of the experts in their written reports supported the families‘ contention that they had not harmed their baby.

Ms Cook KC, in taking the lead in cross examining those experts, challenged their conclusions. The Judge made no findings against the family and proceeded to criticise some of the Court appointed experts who it was felt had made ‘avoidable errors’ and had shown an ‘unwillingness’ to accept the need to revisit their conclusions.

This is a case where, put simply, had the Court followed the written expert conclusions unchallenged, the outcome for this family would have been entirely different. It serves as a reminder (particularly pertinent at a time where the Suspected Inflicted Head Injury Service pilot has commenced with little consultation) as to why specialist Counsel and excellent cross examination is so vital in cases such as these. 

M (A Child)(Non-Accidental Injuries; Wider Canvas), Re [2024] EWFC 209 (B) judgment

Case note written by Kate Kochnari.

31st Jul 2024

Tina Cook KC

Call 1988 | Silk 2011

Kate Kochnari

Call 2008