The court considered a medically very complex fact finding arising out of the death of a four month old child. There was competing medical evidence as to the likely causation. The court in the specific circumstances of the child’s death did not find that the parents had caused any injuries or trauma to the child. The issue of vitamin D deficiency and need for further study as to it’s prevalence and effect was also highlighted.
The CA confirmed that as between England and Scotland (as member states of the UK) issues as to jurisdiction are governed by the Family Law Act 1986. In the instant case while the English courts had retained jurisdiction following a child’s removal to Scotland this had ended on the making of final orders in 2009 and subsequent variation applications were within the Scottish jurisdiction not the English.
A case for family practitioner’s to be aware of. Following an Inheritance Act claim in which the claimant did not better a Part 36 offer the court ordered her to pay 80% of the Defendant’s costs. The court commented on the effect of this on the order for provision made and the differing costs regimes under the ancillary relief and Inheritance Act jurisdictions.