Recent developments

As in many jurisdictions, of ongoing controversy in English jurisprudence are questions concerning expert legal testimony. In cases where shaken baby syndrome is alleged, this controversy is particularly pertinent, as findings of fact can rely exclusively on the professed opinions of medical experts. In criminal cases, concerns are especially acute. There are fears of juries’ failure to understand the evidence, or to assess what aspects of presented evidence are relevant; issues of how to resolve conflict between different experts’ opinion; and questions of how successfully juries might weigh the possibility of uncertain causation. Thus considerable attention has focused on the Court of Appeal’s decision in Henderson v R [2010] EWCA Crim 1269, handed down by Moses LJ, which offers guidance on the procedures that courts should follow in such cases.