LB Croydon v D (Critical Scrutiny of the Paediatric Overview) [2024] EWFC 438

This recently published judgment in complex non-accidental injury (NAI) proceedings underscores the importance of culturally informed practice, accurate interpretation and translation, and the rigorous scrutiny of expert medical evidence.

Professor Jo Delahunty KC (4PB), leading Emily James KC (1GC Family Law) and acting for the mother, conducted a cross-examination described by the judge as “nothing short of a demolition of Dr Cleghorn’s evidence.” Dr Cleghorn conceded that, in parts, her evidence was “appalling.” As a result, findings of non-accidental injury were not proven, and three children were reunited with their family.

In the judgment, HHJ Kathryn Major commented:

“Dr Cleghorn’s approach in this case is a cause for serious concern. There are real-world consequences for children where the professional medical evidence is flawed, actually inaccurate and lacking in enquiry and analysis. Children could be removed from perfectly safe home environments or alternatively children at risk could remain placed with abusive carers. This case demonstrates the importance of advocates with a detailed knowledge of the case and the facts being able to robustly and critically cross-examine experts and fully explore their client’s case.”

Professor Jo Delahunty KC was instructed by Amina Gillani and Ann Thompson of Goodman Ray.

Read the full judgment here.

The case has drawn considerable attention and has also been reported in the Civil Litigation Brief and Law Gazette.