Z (A Child)

Z (A Child)

There is no general rule that the party producing or relying on a document must bear translation costs; judicial discretion must be exercised in light of all circumstances of the case, and blanket policies are inappropriate.

Parties
Appellant: Reading Borough Council; Intervener: Lord Chancellor; Respondents: Parents (Polish nationals); Interested Party: Child D
Jurisdiction
England and Wales
Judgment Date
28 March 2017
Procedural Posture
Family Public Law Appeal / Appeal From Case Management Order
Outcome
Appeal allowed; judge's order set aside but affirmed due to inability to exercise discretion without case details.
Legal Topics
Translation Costs, Case Management, Legal Aid, Discretion in Costs, Welfare Proceedings
Family Law Public Law Translation Costs Case Management Legal Aid Discretion in Costs Welfare Proceedings

Case Brief

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Parties

Reading Borough Council

Appellant

Lord Chancellor

Intervener

Parents (Polish nationals)

Respondents

Child D

Interested Party

Procedural Posture

Family Public Law Appeal / Appeal From Case Management Order

Legal Issues

  1. 1 Who should bear the costs of translating documents in family public law proceedings?
  2. 2 Is there a general rule or presumption regarding translation costs?
  3. 3 How should judicial discretion be exercised in apportioning translation costs?

Ratio Decidendi

There is no general rule that the party producing or relying on a document must bear translation costs; judicial discretion must be exercised in light of all circumstances of the case, and blanket policies are inappropriate.

Court Disposition

Appeal allowed; judge's order set aside but affirmed due to inability to exercise discretion without case details.

Orders

  • Judge's case management order on translation costs set aside.
  • Order below affirmed due to lack of sufficient information to substitute a new order.