Keeping it in the family

• Legal proceedings, funding and proportionality in the family courts.

Recent judgments have highlighted some of the challenges faced by families who advance or take part in legal proceedings arising from the loss of a family member. This is particularly so in inquests where the procedural complexity and having to hear upsetting details about their relative’s death in court, makes the whole process incredibly strenuous for families.

In cases where there is some suspicion of negligence or other breach, many families seek legal representation to guide them through this process, help them find answers about the cause of death and, where possible, prevent the same thing happening again. However, obtaining funding can be difficult. Some may be eligible for legal aid, but this can only be obtained in a small proportion of cases and even where funding is granted, its scope is limited. Crowdfunding is another option, but not everyone