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State funding for family proceedings after Q v Q (Private Law: Public Funding): Part 1 (£)
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In
Q v Q; Re B; Re C (Private Law: Public Funding) [2014] EWFC 31 [2014] 2 FLR (forthcoming and reported at [2014] Fam Law 1398)
Sir James Munby P said that funding should be ‘provided by’ by HMCTS for children proceedings in particular circumstances. A variety of recent cases in the family courts Administrative Court and Court of Appeal have drawn attention to the weaknesses in the legal aid scheme following the introduction of LASPO.
This series will outline the present funding position of parties in private family proceedings. Any decision of the courts of the parties and of the Legal Aid Agency (LAA) must start from the welfare of the child (Black LJ in
JG v Lord Chancellor and Others [2014] EWCA Civ 656 [2014] 2 FLR (forthcoming and
reported at [2014] Fam Law 1221) the only LASPO case to date in the Court of Appeal). Funding is contrasted with the cost of a case. The limited extent to which a party can obtain litigation funding in advance of (save where...
Read the full article here.
