In the Matter of L (A Child)

In the Matter of L (A Child)

Only those documents or parts of documents that are necessary for K to understand the central essence of the local authority’s case or which relate specifically to him should be translated; the remainder should be summarised. The test of 'necessity' must be strictly applied, and compliance with PD27A is mandatory.

Parties
Local Authority: Warwickshire County Council; Mother: Mother of L and younger children; Father: K (father of L); Father: Father of younger children; Guardian: Children's guardian
Jurisdiction
England and Wales
Judgment Date
26 February 2015
Procedural Posture
Care Proceedings / Interlocutory Judgment on Translation of Documents
Outcome
District Judge's order for translation of 591 pages set aside; translation limited to 51 pages plus summary.
Legal Topics
Translation of Documents, Public Funding, Court Bundle Management, Procedural Compliance
Family Law Child Protection Translation of Documents Public Funding Court Bundle Management Procedural Compliance

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Parties

Warwickshire County Council

Local Authority

Mother of L and younger children

Mother

K (father of L)

Father

Father of younger children

Father

Children's guardian

Guardian

Procedural Posture

Care Proceedings / Interlocutory Judgment on Translation of Documents

Legal Issues

  1. 1 What documents are necessary to be translated for a non-English speaking party in care proceedings?
  2. 2 What is the proper application of the Bundles Practice Direction (PD27A) regarding bundle size and contents?
  3. 3 How should public funds be expended in relation to translation costs?

Ratio Decidendi

Only those documents or parts of documents that are necessary for K to understand the central essence of the local authority’s case or which relate specifically to him should be translated; the remainder should be summarised. The test of 'necessity' must be strictly applied, and compliance with PD27A is mandatory.

Court Disposition

District Judge's order for translation of 591 pages set aside; translation limited to 51 pages plus summary.

Orders

  • Only 51 pages identified in judgment to be translated for K; remainder to be summarised in Slovene by K’s solicitor.
  • Parties to draft and submit amended order reflecting judgment for approval.