MG & JG v JF

MG & JG v JF

MG and JG cannot reasonably obtain legal representation by other means, the proceedings are complex, and there would be a gross inequality of arms without representation. JF is the only realistic source of funding, and must pay 80% of the applicants' outstanding and future professional costs, with MG and JG each contributing 10%.

Parties
1st Applicant: MG; 2nd Applicant: JG; 1st Respondent: JF; 2nd Respondent (a Child Through the Guardian): JFG
Jurisdiction
England and Wales
Judgment Date
10 March 2015
Procedural Posture
Schedule 1 Children Act 1989 Application (costs Allowance) / Interlocutory Application for Costs Allowance
Outcome
Application for costs allowance granted in part
Legal Topics
Costs Allowance, Legal Aid, Equality of Arms, Schedule 1 Children Act 1989, Section 8 Children Act 1989, Access to Justice
Family Law Child Law Costs Allowance Legal Aid Equality of Arms Schedule 1 Children Act 1989 Section 8 Children Act 1989 Access to Justice

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Parties

MG

1st Applicant

JG

2nd Applicant

JF

1st Respondent

JFG

2nd Respondent (a Child Through the Guardian)

Procedural Posture

Schedule 1 Children Act 1989 Application (costs Allowance) / Interlocutory Application for Costs Allowance

Legal Issues

  1. 1 Whether the court should order JF to pay a costs allowance to MG and JG under Schedule 1 Children Act 1989 for legal representation in private law children proceedings
  2. 2 Whether MG and JG can reasonably obtain legal representation by other means
  3. 3 Whether the denial of legal aid creates inequality of arms and potential breach of ECHR rights

Ratio Decidendi

MG and JG cannot reasonably obtain legal representation by other means, the proceedings are complex, and there would be a gross inequality of arms without representation. JF is the only realistic source of funding, and must pay 80% of the applicants' outstanding and future professional costs, with MG and JG each contributing 10%.

Court Disposition

Application for costs allowance granted in part

Orders

  • JF to pay 80% of MG's claim (£12,202) and 80% of JG's claim (£8,394) for legal and expert costs.
  • JF to pay 80% of all future professional costs in respect of therapeutic work; MG and JG each to pay 10% of such costs.