M & R (Children) (Refusal of Legal Aid Costs)

M & R (Children) (Refusal of Legal Aid Costs)

Cartwright King Solicitors’ cumulative failures in preparing and filing the Mother’s witness statement, including non-compliance with procedural rules and basic principles, constituted unreasonable conduct warranting refusal of specified legal aid costs and necessitated adjournment to ensure fairness.

Parties
Applicant: AM; Respondent: JD; Mother's Solicitors: Cartwright King Solicitors
Jurisdiction
England and Wales
Judgment Date
22 September 2025
Procedural Posture
Private Law Children Act Proceedings / Adjournment and Costs Determination Following Failed Fact Finding Hearing
Outcome
Adjournment granted; specified legal aid costs refused.
Legal Topics
Witness Statement Compliance, Legal Aid Costs, Case Management, Translation Requirements
Family Law Civil Procedure Witness Statement Compliance Legal Aid Costs Case Management Translation Requirements

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Parties

AM

Applicant

JD

Respondent

Cartwright King Solicitors

Mother's Solicitors

Procedural Posture

Private Law Children Act Proceedings / Adjournment and Costs Determination Following Failed Fact Finding Hearing

Legal Issues

  1. 1 Whether the Mother’s witness statement complied with Family Procedure Rules and Practice Direction 22A
  2. 2 Whether Cartwright King Solicitors’ conduct warranted refusal of legal aid costs
  3. 3 Whether adjournment was necessary to ensure fairness

Ratio Decidendi

Cartwright King Solicitors’ cumulative failures in preparing and filing the Mother’s witness statement, including non-compliance with procedural rules and basic principles, constituted unreasonable conduct warranting refusal of specified legal aid costs and necessitated adjournment to ensure fairness.

Court Disposition

Adjournment granted; specified legal aid costs refused.

Orders

  • Fact-Finding Hearing adjourned to allow proper evidence preparation.
  • Cartwright King Solicitors’ costs of £625.86 charged to the Mother’s legal aid certificate are not allowed.