Source: All England Reporter
Publisher Citation: [2015] All ER (D) 230 (May)
Neutral Citation: [2015] EWCA Civ 543
Court: Court of Appeal, Civil Division

Lord Dyson MR, Lady Justice Black and Lord Justice McFarlane

Representation Phillipa Whipple QC, Sarah Hannett and Matthew Donmall for the Lord Chancellor.
  Lorna Meyer QC and Kirsty Gallacher for the mother.
  Deirdre Fottrell QC, Marlene Cayoun and Noel Arnold for the Association of Lawyers for Children and Coram Children's Legal Centre, as interveners.
Judgment Dates: 22 May 2015


Practice - Litigant in person - Assistance - Fact-finding hearing being convened in connection with contact proceedings - Father being litigant in person and ineligible for legal aid - Judge ordering legal representative to be appointed to cross-examine particular witness on father's behalf, costs of which to be borne by Her Majesty's Court and Tribunal Service (HMCTS) - Whether court having power to order Lord Chancellor (via HMCTS or otherwise) to provide funding for legal representation outside relevant statutory scheme - Legal Aid Sentencing and Punishment of Offenders Act 2012.

The Case

Practice Litigant in person. The Court of Appeal, Civil Division, in allowing the Lord Chancellor's appeal, held that it was not possible to interpret either s1 of the or s31G(6) of the as having given the court the power to require the Lord Chancellor to provide funding for legal representation, in circumstances where such funding was not available under a scheme as detailed and comprehensive as that which had been set up under the . The court had to respect the boundaries drawn by Parliament for public funding of legal representation.

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