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State funding family cases after Q v Q; Re B; Re C [2014] EWFC 31
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Funding familyproceedingsIn
Q v Q; Re B; Re C [2014] EWFC 31 [2014] 2 FLR (forthcoming) (06 August 2014) Sir James Munby P considered the extent to which certainchildren proceedings demanded that particular litigation expenses be paid forby state funding. This raises questions as to whether the court haspower to order funding from another public body (eg Ministry of Justice whichis responsible for HM Courts and Tribunal Service (HMCTS) and Legal Aid Agency(LAA)): and if so how individuals might be entitled to such funding apply forit.
In practical terms it raises questions also as to how suchassistance as Sir James envisages might be applied for; and whether there areany alternatives to legal aid available to the courts or to a party for statefunding of family proceedings. (At the outset it should be stressed: what is inissue here is the
finding of courtproceedings not the
costs which aredealt with after the event. How can the parties themselves (or the court asappropriate) fund any part of a case or any expenditure involved?)
There is very little scope for funding of private cases byanother party to proceedings. Indeed one of...
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