Case No. EWFC-57

[2022] EWCA Civ 1348 and in particular the judgment of Lady Justice King. Having considered the use of the word ‘strain’ by Lord Justice Jackson, Her Ladyship, at paragraph 34 concludes:“I suggest, therefore, that in future cases judges should no longer direct themselves on the necessity of avoiding "straining to identify a perpetrator". The unvarnished test is clear: following a consideration of all the available evidence and applying the simple balance of probabilities, a judge either can, or cannot, identify a perpetrator. If he or she cannot do so, then, in accordance with Re B (2019), he or she should consider whether there is a real possibility that each individual on the list inflicted the injury in question.”