Judge disagreeing with expert evidence – 1

Re N-B and others (Children) (Residence: expert evidence) [2002] (EWCA CIV 1052 NLJ 29 November)

A judge is at liberty to depart from the opinion of the experts, even if unanimous on issues of future placement and management of a case involving children, where he is evaluating the opinion of the experts as to placement, management and welfare issues. However, a judge is not entitled to reject expert evidence relating to the psychological assessment of a party simply on the basis of impressions he has formed of the party in the witness box. It is incumbent upon a judge to explain his departure from the experts’ opinion, so that the basis of his decision is clear.