“…d in another case that a court in care proceedings should “not strain to identify a perpetrator” has now been disavowed: Re A (Children) (Pool of Perpetrators) [2022] EWCA Civ 1348.…”
“…In Re A (Children) (Pool of Perpetrators) [2022] EWCA Civ 1348, King LJ gave a warning about the practice of attaching to a judgment a summary of the law agreed by counsel. At paragraph 11 she said:…”
“… also problematic: in effect the court is being handed the entire toolbox. For an example, see the remarks of King LJ in Re A (Children) (Pool of Perpetrators) [2022] EWCA Civ 1348 at para. 11. This indiscriminate approach can lead to a loss of legal focus and to uncertainty about what elements are important for the resulting decision. In…”
“…other’s counsel’s lengthy exposition of the law, there are clear dangers in such an approach, as explained by King LJ in Re A (Children) (Pool of Perpetrators) [2022] EWCA Civ 1348 in which a similar note had been appended to a judgment in care proceedings. In fairness to the judge in the present case, I add that her judgment was handed d…”