26 March 2009
Re B-M (children) (care orders: risk) [2009] EWCA Civ 205, [2009] All ER (D) 155 (Mar)
Where there is a conflict of expert opinion, the judge has to decide which evidence he prefers. Provided he explains his reasoning, the judge cannot be criticised for rejecting expert evidence which is in conflict with other expert evidence which he accepts. Where a judge wrestles with a very difficult case, and reaches a given conclusion, he enjoys a very broad ambit of discretion. In such a case, where a judge reaches a conclusion which he reasonably regards as the better of two imperfect solutions, his decision is likely to be upheld unless some palpable error of law or reasoning can be identified.
