Case No. KH18C00272

35.I have heard a great deal of argument concerning whether or not the facts of this case fall within the first or the second of the 2 examples given by Sir Mark Hedley as appropriate circumstances for exercising a power to dismiss the Local Authority’s case. However, I agree with Mr Storey that the examples given by Sir Mark were not intended to be exhaustive. In my judgment, the 2 scenarios identified simply give examples of where there was no forensic advantage to hearing further evidence (example 1 where the expert evidence in an injury case changed) or where the court had reached a conclusion that its process was being abused (example 2 where a vendetta was being pursued). 36.Mr Storey has sought to portray the identified inadequacies of the police and local authority investigation as an attack on the integrity of the trial itself. In my judgment, the trial retains its integrity unless the court concludes that hearing further evidence will serve no forensic purpose. If the hearing of further evidence has no advantage to the determination of the facts, I agree that to continue would be unprincipled, as would be a decision to allow the questioning of witnesses in such circumstances, as to do so would offend the requirements of the overriding objective contained within r1.1 FPR 2010. 37.I also agree with the submission that it is the effect the behaviour has on evidence gathered from the investigation and not the intent of those working within that investigation that is the key consideration for the court. In my judgment, if the court is able to conclude that it will not be assisted in its determination of the facts by hearing evidence from the Respondents, it is open to the court to use the exceptional case management power identified in AA v 25 Others to bring the proceedings to an early conclusion. 38.The applications made on behalf of all of the Respondents rely on the court making a determination that the deficiencies in the investigation were on a scale that no court could properly make the findings of abuse as sought by the Local Authority. It is submitted on behalf of all Respondents that there is nothing that could be put to any of the Respondents that would ‘save’ the Local Authority’s case. 39.I have read all the written arguments filed and listened with care to the oral submissions. I have reached the firm conclusion, on the facts of this case, that the application for dismissal made by the Respondents should only be granted if I conclude that I am now in a position, having heard only the evidence called by the Local Authority, to determine that there is no forensic purpose to be served by hearing further evidence. In my judgment, such a conclusion would be a further example of the application of the jurisdiction for reasons comparable to the example of an injury case collapsing, as was given by Sir Mark. It would not, in my judgment, be an extension of the jurisdiction itself. 40.The Respondents submit that I can make that determination now. The Local Authority argue that I cannot.