header-logo header-logo

17 May 2013 / Cara Nuttall
Issue: 7560 / Categories: Opinion , Expert Witness , Family
printer mail-detail

The high price of justice

istock_000015956095medium_0

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll