L (A Child), Re [2015] EWFC 15 (26 February 2015)

L (A Child), Re [2015] EWFC 15 (26 February 2015)

It is only 'necessary' to translate for K those documents or parts of documents that enable him to understand the central essence of the local authority's case or that relate specifically to him; the remainder should be summarised. The District Judge erred in approving translation of 591 pages. Strict compliance...

Source-derived case information.

Citation
[2015] EWFC 15
Parties
Local Authority: Warwickshire County Council; Mother: Mother of L; Father of L: K (Father of L); Father of Younger Children: Father of younger children; Children's Guardian: Children's guardian
Jurisdiction
England and Wales
Judgment Date
26 February 2015
Procedural Posture
Care Proceedings / Interlocutory Judgment on Translation of Documents
Outcome
Application for translation of 591 pages refused; only 51 pages to be translated, remainder to be summarised.
Legal Topics
Care Proceedings, Translation of Documents, Legal Aid, Practice Direction Compliance, Costs Control
Family Law Public Law Children Care Proceedings Translation of Documents Legal Aid Practice Direction Compliance Costs Control

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Parties

Warwickshire County Council

Local Authority

Mother of L

Mother

K (Father of L)

Father of L

Father of younger children

Father of Younger Children

Children's guardian

Children's Guardian

Procedural Posture

Care Proceedings / Interlocutory Judgment on Translation of Documents

Legal Issues

  1. 1 What documents is it 'necessary' to translate for a non-English speaking party in care proceedings?
  2. 2 What is the correct application of Practice Direction 27A regarding bundle size and content?
  3. 3 How should public funds be controlled in the context of translation and bundle preparation?

Ratio Decidendi

It is only 'necessary' to translate for K those documents or parts of documents that enable him to understand the central essence of the local authority's case or that relate specifically to him; the remainder should be summarised. The District Judge erred in approving translation of 591 pages. Strict compliance with PD27A is required to control costs and ensure efficient justice.

Court Disposition

Application for translation of 591 pages refused; only 51 pages to be translated, remainder to be summarised.

Orders

  • Representatives to draft and submit for approval an amended order reflecting the judgment.
  • Only 51 pages to be translated for K; summary of remaining documents to be prepared in Slovene.