Tim Parker led by Frances Judd QC of Harcourt Chambers and instructed by LB Southwark has successfully sought a retrial in a case where the first instance judge had dismissed the proceedings. The Court of Appeal found that, in this most difficult of cases, the trial judge had failed to consider the evidence as a whole, and in particular failed to connect two sets of injuries, one of which had proved fatal. Moreover, he had wrongly adopted a ‘pseudo-mathematical’ approach to the burden of proof.
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