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Family proceedings – Orders in family proceedings. The judge found that a 16-month-old child had suffered a non-accidental injury, caused by the appellant, the mother's partner. He appealed on the grounds that the judge had erred in her consideration of the medical and non-medical evidence. The Court of Appeal, Civil Division, in allowing the appeal, held that the evidence was equivocal and the judge's finding that evidence that had supported a traumatic cause as likely was either not accurate or not explained. However, the support that she appeared to have erroneously derived from the medical evidence, albeit possibly limited, might have been sufficient to propel her to a finding that she would not otherwise have made against the appellant.
Family proceedings – Orders in family proceedings. The judge found that a 16-month-old child had suffered a non-accidental injury, caused by the appellant, the mother's partner. He appealed on the grounds that the judge had erred in her consideration of the medical and non-medical evidence. The Court of Appeal, Civil Division, in allowing the appeal, held that the evidence was equivocal and the judge's finding that evidence that had supported a traumatic cause as likely was either not accurate or not explained. However, the support that she appeared to have erroneously derived from the medical evidence, albeit possibly limited, might have been sufficient to propel her to a finding that she would not otherwise have made against the appellant.
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