The inability to afford expert evidence will impact complex family cases warns Cara Nuttall
One month into the legal aid cuts implemented by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, concerns about their negative impact on the effective administration of justice in family proceedings continue. As legal representation becomes an unaffordable luxury for many, it appears that expert evidence does too.
The decision last month in R (on the application of JG (a child) (by her children’s guardian)) v Legal Services Commission [2013] EWHC 804 (Admin) confirmed, even when expert evidence has been deemed necessary by the court, it is unlikely to be obtained. The only way to obtain funding is to rely on the public funding certificate of the child involved. As a result, becoming increasingly unclear how family courts are going to acquire evidence of sufficient quality to allow long-term welfare decisions to be made in complex cases.
The case of JG concerned an application for judicial review on behalf of the child, who was
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