H v L
In family proceedings involving allegations of sexual abuse, it is inappropriate for a litigant in person to cross-examine an adult complainant directly; alternative arrangements must be sought, and urgent statutory reform is needed to provide for representation funded by public resources, analogous to criminal proceedings.
- Parties
- Applicant: H; Respondent: L; Respondent: R
- Jurisdiction
- England and Wales
- Judgment Date
- 07 December 2006
- Procedural Posture
- Family / Judgment
- Outcome
- judgment delivered; urgent recommendation for statutory reform
- Legal Topics
- Parental Responsibility, Contact Order, Cross Examination of Vulnerable Witnesses, Representation for Litigants in Person
Case Brief
Summary, issues, holding and outcome
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Parties
H
Applicant
L
Respondent
R
Respondent
Procedural Posture
Family / Judgment
Legal Issues
- 1 Whether a litigant in person should be permitted to cross-examine an adult complainant in family proceedings involving allegations of sexual abuse
- 2 How the court should facilitate cross-examination when the litigant in person cannot afford legal representation
- 3 Whether existing statutory and procedural frameworks provide adequate protection for vulnerable witnesses in civil/family proceedings
Ratio Decidendi
In family proceedings involving allegations of sexual abuse, it is inappropriate for a litigant in person to cross-examine an adult complainant directly; alternative arrangements must be sought, and urgent statutory reform is needed to provide for representation funded by public resources, analogous to criminal proceedings.
Court Disposition
judgment delivered; urgent recommendation for statutory reform
Full Case Text
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