5 members of chambers; Sam Momtaz KC, Laura Briggs KC, Louise MacLynn KC, Mark Rawcliffe and Emily Verity were involved in this important case regarding expert evidence in cases involving the death of a child and where there is a parallel police investigation. 

This was a fact-finding hearing in care proceedings relating to the siblings of a young child who tragically died in the family home. The care proceedings ran alongside a criminal investigation into the child’s death.  Histopathological examination of the child’s rib cage as part of the post-mortem process revealed fractures including what were said to be micro-fractures that had been caused non-accidentally.

During the course of the proceedings, Keehan J granted permission for the parents to instruct a second histopathologist. Unusually, this expert was based in the USA in light of the shortage of experts in this jurisdiction in this highly specialised field. 

In his judgment, Keehan J made a number of important observations as to the process of identifying and aging fractures on a histopathological basis. He rejected the evidence from a leading expert in this field, preferring that of the second expert instructed within the proceedings. The judgment also contains guidance as to good practice when experts are instructed by the police as part of a criminal investigation but also as part 25 experts in family proceedings. The children were reunited with their parents by agreement at the conclusion of the hearing.