CD v ED [2014] EWFC B153 (14 November 2014)

CD v ED [2014] EWFC B153 (14 November 2014)

Given the seriousness and complexity of the allegations, and the need for adversarial argument and legal advice, the case cannot fairly proceed without legal representation for the father. Exceptional legal aid funding is likely necessary to avoid a breach of his Article 6 and 8 rights.

Citation
[2014] EWFC B153
Parties
Applicant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
14 November 2014
Procedural Posture
Private Law Children Proceedings / Pre Fact Finding Hearing; Hearing Vacated Pending Legal Aid Decision
Outcome
Hearing vacated; judgment provided to inform Legal Aid Agency's decision on exceptional funding.
Legal Topics
Non Molestation Orders, Prohibited Steps Orders, Exceptional Legal Aid Funding, Article 6 ECHR, Article 8 ECHR, Fact Finding Hearings, Unrepresented Parties
Family Law Legal Aid Non Molestation Orders Prohibited Steps Orders Exceptional Legal Aid Funding Article 6 ECHR Article 8 ECHR Fact Finding Hearings +1 more

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Parties

Mother

Applicant

Father

Respondent

Procedural Posture

Private Law Children Proceedings / Pre Fact Finding Hearing; Hearing Vacated Pending Legal Aid Decision

Legal Issues

  1. 1 Whether the father should be granted exceptional legal aid funding under s.10 LASPO for representation at a fact finding hearing involving serious allegations including rape and assault
  2. 2 Whether proceeding without representation for the father would breach his Article 6 and Article 8 rights

Ratio Decidendi

Given the seriousness and complexity of the allegations, and the need for adversarial argument and legal advice, the case cannot fairly proceed without legal representation for the father. Exceptional legal aid funding is likely necessary to avoid a breach of his Article 6 and 8 rights.

Court Disposition

Hearing vacated; judgment provided to inform Legal Aid Agency's decision on exceptional funding.

Orders

  • Parties to notify the court of the outcome of the father's legal aid application as soon as practicable.
  • Further directions and relisting of the hearing contingent on funding decision.