M & R (Children) (Refusal of Legal Aid Costs) [2025] EWFC 299 (B) (22 September 2025)

M & R (Children) (Refusal of Legal Aid Costs) [2025] EWFC 299 (B) (22 September 2025)

Cartwright King Solicitors' cumulative failures to comply with procedural rules and basic principles for preparing non-English-speaking witness statements constituted unreasonable conduct, justifying the disallowance of specified legal aid costs and necessitating adjournment to ensure fairness.

Citation
[2025] EWFC 299 (B)
Parties
Applicant: AM; Respondent: JD
Jurisdiction
England and Wales
Judgment Date
22 September 2025
Procedural Posture
Private Law Children Act 1989 Proceedings / Adjournment of Fact Finding Hearing and Refusal of Legal Aid Costs
Outcome
Adjournment of Fact-Finding Hearing; refusal to allow specified legal aid costs charged by Cartwright King Solicitors.
Legal Topics
Witness Statement Compliance, Translation Requirements, Costs Sanctions, Case Management, Adjournment
Family Law Legal Aid Civil Procedure Witness Statement Compliance Translation Requirements Costs Sanctions Case Management Adjournment

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Parties

AM

Applicant

JD

Respondent

Procedural Posture

Private Law Children Act 1989 Proceedings / Adjournment of Fact Finding Hearing and Refusal of Legal Aid Costs

Legal Issues

  1. 1 Whether the Mother's witness statement complied with procedural rules and practice directions
  2. 2 Whether the conduct of Cartwright King Solicitors warranted disallowance of legal aid costs
  3. 3 Whether the Fact-Finding Hearing should be adjourned due to procedural failures

Ratio Decidendi

Cartwright King Solicitors' cumulative failures to comply with procedural rules and basic principles for preparing non-English-speaking witness statements constituted unreasonable conduct, justifying the disallowance of specified legal aid costs and necessitating adjournment to ensure fairness.

Court Disposition

Adjournment of Fact-Finding Hearing; refusal to allow specified legal aid costs charged by Cartwright King Solicitors.

Orders

  • Fact-Finding Hearing adjourned to allow compliant evidence to be filed.
  • By consent, £625.86 in costs charged to the Mother's legal aid certificate by Cartwright King Solicitors are not allowed.