K v P (Criminal Solicitor as Court-Appointed QLR)

K v P (Criminal Solicitor as Court-Appointed QLR)

A court-appointed QLR who is also the party's criminal solicitor in parallel proceedings should normally be discharged if their dual role undermines the independence and protective purpose of the QLR scheme, increases the vulnerability of the witness, or creates real or perceived conflicts of interest. The court's appointment is intended to enhance the quality of evidence from vulnerable witnesses, and continuation of the dual role would be contrary to that aim.

Parties
Applicant: K; Respondent: P; Court Appointed QLR / Criminal Solicitor: Mr Fidler
Jurisdiction
England and Wales
Judgment Date
10 June 2025
Procedural Posture
Children Act 1989 Proceedings (family) / 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

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Parties

K

Applicant

P

Respondent

Mr Fidler

Court Appointed QLR / Criminal Solicitor

Procedural Posture

Children Act 1989 Proceedings (family) / Application to Discharge Court Appointed QLR Prior to Fact Finding Hearing

Legal Issues

  1. 1 Whether a court-appointed QLR who is also the 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

A court-appointed QLR who is also the party's criminal solicitor in parallel proceedings should normally be discharged if their dual role undermines the independence and protective purpose of the QLR scheme, increases the vulnerability of the witness, or creates real or perceived conflicts of interest. The court's appointment is intended to enhance the quality of evidence from vulnerable witnesses, and continuation of the dual role would be contrary to that aim.

Court Disposition

Application granted; court-appointed QLR discharged.

Orders

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