ON APPEAL FROM KINGSTON UPON HULL DISTRICT REGISTRY
(HIS HONOUR JUDGE DOWSE)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE PITCHFORD
LORD JUSTICE MCFARLANE
|IN THE MATTER OF L (Children)|
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Mr S Cobb QC and Ms T Lee appeared on behalf of the First Respondent.
Ms J Geddes appeared on behalf of the Second Respondent.
Mr G Button appeared on behalf of the Third Respondent.
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Lord Justice Thorpe:
"I should stress that this is no more than permission to appeal and is not intended to indicate in any way how matters might come out once the full court considers the matter."
Lord Justice Pitchford:
"On the balance of probabilities I find the Local Authority to have shown that a cardiac cause can be excluded for the two deaths. In view of the evidence of Professor Fleming and the observations of the Court of Appeal in Cannings and Clark, I confess to having done so with a degree of hesitation."
18. For these reasons I, too, would dismiss the appeal.
Lord Justice McFarlane:
Order: Appeal dismissed.