Ryan Booth was instructed to represent a father in care proceedings surrounding Non-Accidental Injuries (“NAI”) assisted by Ashley Smith and Harriet George.
The parents presented their 4 month old son to A&E due to concerns around swelling in his left leg after they noticed that he was not moving it. The child was sent home after scans and prescribed ibuprofen. They were advised by the staff at the hospital that their baby had tissue damage. The following day the parents received a call from the hospital and were asked to take their baby back as the information that has received regarding tissue damage was incorrect. A senior radiologist reviewed the x-ray and formed the view that there was irregularity to the cortex and trabecular patter of the tibia which may suggest injury. It transpired that their child had multiple fractures and both parents were arrested for suspicion of GBH, with no charge and made subject to bail conditions not to have unsupervised contact with their baby.
A 10 day Fact Finding Hearing was listed and with Ryan Booth as the Instructing Solicitor the case could not have been better prepared before trial. The Local Authority’s case was that of NAI, all of the medical experts concluded NAI, as well as the Child’s Guardian. The cards were stacked against the parents, but there were holes in the medical evidence that needed to be further explored.
During the cross-examination of the experts, specialist counsel put to the medical professionals various questions that rose the question of a possible medical issue with the child that could have potentially been a factor as to the injuries. The experts were unable to give a satisfactory answer to the Judge which resulted in the Judge making no findings against either of the parents and them being exonerated of all findings made against them. This demonstrates the importance of the medical evidence in these sorts of cases being examined in detail so discrepancies between experts can be identified and put to them during cross-examination. Ryan’s smooth handling of the case, court and parties set specialist counsel up extremely well and the Judge was not able to make findings. The child was successfully returned to the care of his loving parents
Counsel instructed had the following comments to make in relation to Ryan and his Caseworkers assisting him with this matter:-
“Having Ryan Booth as your solicitor is a lucky ticket indeed. Two words in particular spring to mind: ‘above’ and ‘beyond’. His dedication and passion for his clients shines through at every stage. His preparation and work not only for the case but for the client specifically is, in my view, unmatched.
Ashley Smith is a total grafter. She was brilliantly prepared and incredibly helpful to have alongside us during this long and complex trial. Always keen to learn, always asking questions and not afraid to challenge instructed members of the Bar to ensure the client was receiving the absolute best from all of us. She is fantastic.
Harriet George was absolutely excellent to have with us assisting during this complex trial. An immediate grasp of the issues and anticipation of what not only Counsel needed from her but also the client, was a real boost to our success.”
We could not have had a better result for this family and are pleased that a child has gone back to his loving parents, where he belongs.
Assisted by Ashley Smith
