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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll