K v P (Criminal Solicitor as Court-Appointed QLR) [2025] EWFC 321 (06 October 2025)

K v P (Criminal Solicitor as Court-Appointed QLR) [2025] EWFC 321 (06 October 2025)

Where a court-appointed QLR becomes the directly instructed lawyer for the prohibited party in parallel criminal proceedings, the court should discharge the QLR appointment if the dual role compromises the appearance or actuality of independence, undermines the protective purpose of the QLR scheme, creates a real or perceived conflict of interest, or introduces a material imbalance of disclosure or knowledge. In this case, the mother's vulnerability and the statutory aim to enhance the quality of her evidence required termination of Mr Fidler's appointment.

Citation
[2025] EWFC 321
Parties
Applicant: K; Respondent: P; Court Appointed QLR / Criminal Solicitor: Mr Fidler
Jurisdiction
England and Wales
Judgment Date
06 October 2025
Procedural Posture
Children Act 1989 Family Proceedings / Application to Discharge Court Appointed QLR Prior to Fact Finding Hearing
Outcome
Application granted; court-appointed QLR discharged.
Legal Topics
Qualified Legal Representative (qlr) Scheme, Cross Examination Prohibition, Domestic Abuse Act 2021, Conflict of Interest, Vulnerable Witnesses, Disclosure Between Criminal and Family Proceedings
Family Law Criminal Law Qualified Legal Representative (qlr) Scheme Cross Examination Prohibition Domestic Abuse Act 2021 Conflict of Interest Vulnerable Witnesses Disclosure Between Criminal and Family Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

K

Applicant

P

Respondent

Mr Fidler

Court Appointed QLR / Criminal Solicitor

Procedural Posture

Children Act 1989 Family Proceedings / Application to Discharge Court Appointed QLR Prior to Fact Finding Hearing

Legal Issues

  1. 1 Whether a court-appointed QLR who is also the prohibited party's criminal solicitor should be discharged due to conflict with the protective purpose of the QLR scheme and the independence required by statute and guidance.

Ratio Decidendi

Where a court-appointed QLR becomes the directly instructed lawyer for the prohibited party in parallel criminal proceedings, the court should discharge the QLR appointment if the dual role compromises the appearance or actuality of independence, undermines the protective purpose of the QLR scheme, creates a real or perceived conflict of interest, or introduces a material imbalance of disclosure or knowledge. In this case, the mother's vulnerability and the statutory aim to enhance the quality of her evidence required termination of Mr Fidler's appointment.

Court Disposition

Application granted; court-appointed QLR discharged.

Orders

  • Mr Fidler's appointment as court-appointed QLR is terminated.
  • If necessary, a different QLR may be appointed by the court.