Andrew Duncan and Gemma Chapman in complex case where medical experts cross-examination proves pivotal

23rd April 2025

3PB family barristers Andrew DuncanAndrew DuncanCall: 2011 and Gemma ChapmanGemma ChapmanCall: 2002, led by 4PB's Alison Grief KC and Sam King KC respectively, represented the mother and father in the complex, non-accidental head injury case of Re X & Y (Children) [2024] EWFC 443 (B), where the challenge of expert views under cross-examination led to the mother being exonerated from causing injury and the father deemed to have done so using lesser force and without intention.

In a climate where the opportunity to challenge experts is becoming all the more difficult, this case serves as a key example of why the medical evidence is just one part of the judicial evaluation and why the proper challenge to experts can lead to a differing outcome than the medical opinion expressed on paper may suggest.

If you would like to read the full judgment in the case, please click here.

Andrew Duncan recently saw his article on "Changing Names in the Family Court" published this month in Family Law Week, after he acted pro bono in winning the right for his client, a non-binary child, at the Court of Appeal in December last year, to change their forename. Gemma Chapman wrote for Family Law Journal in January this year on protecting the child’s account of abuse and the current training available for family law practitioners.

To contact or instruct Andrew or Gemma, please email any of 3PB’s specialist family clerks on [email protected], or telephone them on 0330 332 0773.