I think they've gone well beyond the beyond reasonable doubt argument, and if anything they've swerved it. Everyone seems to agree that it would have been better for the judge to have dealt with the best interests issue before going on to consider the question of whether Archie has died, and in this case she didn't really and in particular she didn't make any orders on that issue. So the argument now seems to be all around best interests, and whether the Court of Appeal should deal with this - in particular whether there is enough available evidence about it - or whether it should be sent back to the High Court for that issue to be dealt with there. The family's barrister seems to be saying the guardian didn't file much evidence about it because she too was concentrating on the issue of whether he is alive, and I think wants it to go back to the High Court, which unfortunately would result in more delay.