Your link to the RP case does not contain a decision but I was able to find the decision of the Court of Appeal (www.bailii.org/ew/cases/EWCA/Civ/2008/462.html). It makes for fascinating reading. A brief excerpt from the judgment of Wall LJ may suffice:
"I find it not only unacceptable but shocking, that a man in Mr Hemming's position should feel able to make so serious an allegation without any evidence to support it. In my judgment, it is irresponsible and an abuse of his position. Unfortunately, as other aspects of this judgment will make clear, it is not the only part of the case in which Mr Hemming has been willing to scatter unfounded allegations of professional impropriety and malpractice without any evidence to support them...
Furthermore, I simply do not understand the allegation of bias. How did HJ demonstrate bias? She was asked her professional opinion in an open and clear way, and she gave it. I regret to say that I suspect that the allegation of bias is made because RP (or those advising her) do not like the conclusion which HJ reached. Once again, however, I have to ask myself the very simple question: why should HJ not do her job properly and conscientiously? As with SC, what was in it for her? If her professional opinion had been that RP had capacity, she would have said so. Her professional opinion was that RP did not. That was an opinion she was plainly entitled to reach on the material before her and the proper application of her expertise to it.
Even more unarguable ? indeed it is outrageous - is Mr Hemming's allegation that HJ was the paid expert of the local authority. She was nothing of the kind. Such an allegation is not only without any evidential foundation of any kind: it is plainly contradicted by the evidence.
Mr. Hemming's allegation that HJ is part of an "evil" system only warrants comment because it comes from a Member of Parliament, and thus from a person in a responsible public position whom one ought to be able to trust only to make serious accusations when they are based on evidence. I am astonished that somebody in Mr. Hemming's position should have seen fit to put such a disgraceful allegation into the public domain. I reject it unreservedly.
In my judgment, the evidence plainly contradicts the proposition that RP throughout understood what the case was about. That was not HJ's view, and that view did not change throughout the proceedings. I will deal with this point again later when I come to discuss RP's case on the facts.
In my judgment, the arguments advanced by Mr Hemming in this case are ill-informed and tendentious. They are contradicted by the evidence, and must be rejected. I think this most unfortunate. Nobody who works in the Family Justice System regards it as perfect: most of us see it as under-resourced and struggling to deal with the work loads thrust upon it. Constructive criticism, particularly from those in a position to bring about change, is to be welcomed. I am myself in no doubt that the system must change and adapt, and I have spoken many times in public in support of my belief that there needs to be greater transparency in order to combat the partial, tendentious and inaccurate criticisms made against the system. I therefore welcome the opportunity provided by this case to demonstrate that the system has operated properly, and that the criticisms made are unfounded. "
Would I be right it assuming therefore that Lord Justice Wall is one of the judges you believe to be on the take?