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Evidence, Practice and Procedure: The Legal Aid Agency and Denial of the Right to a Fair Trial

© Copyright LexisNexis 2024. All rights reserved.
Date:3 JAN 2014
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David Burrows
Solicitor Advocate

David Burrows - Practice of Family Law: Evidence and Procedure

David Burrows

The case of Gitana Kineriene ('GK': Kinderis v Kineriene [2013] EWHC 4139 (Fam)) and her 11-year-old daughter operates on a number of levels: the right to a fair trial; the grant or not of legal aid; and the human question of how justice can be done where a legal aid scheme is humanly impenetrable..

GK is a Lithuanian mother who brought her 11-year-old daughter to stay with GK's now adult daughter in Somerset. It was said to be a holiday. GK and the child failed to return. Both had reason to fear her husband. The father applied under the Hague Convention and as was his right he received legal aid regardless of his means and of the merit of his application. The case came before Holman J intended to be a full hearing of the father's application. The mother had been denied legal aid.

Holman J was in...

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