3PB Barristers' Chambers

17th March 2010

re M [2010] EWCA Civ 67

After a first instance public law care hearing of some 20 days, the case of re M [2010] EWCA Civ 67 went to the Court of Appeal for a 3 day hearing. Richard Tyson led Elisabeth Hudson for the Local Authority.

A major issue in the case was to determine who caused a deep incision wound in the Mother's wrist. Was it self harm by the Mother (as she told the Ambulance Service) or caused by the Father (as she told the Police)? The judge decided the Father caused the wound and he was then tried for attempted murder in the Crown Court, but was later acquitted. The case went on to decide whether the two children, who were in the house at the time the wound was inflicted, should live with either the Mother or with the Father. The Local Authority (represented by Mr Tyson and Ms Hudson) wanted the children to live with the Father. The Judge, and later the Court of Appeal, decided otherwise but the Court of Appeal did commend the presentation of the Local Authority's case (by Mr Tyson and Ms Hudson) on the appeal.