In re B v [2010] JLR 387 (17 August 2010)

In re B v [2010] JLR 387 (17 August 2010)

The court has discretion to appoint a lawyer for a child under Children (Jersey) Law 2002, art. 75, and such appointment is only required under the European Convention on Human Rights, art. 6(1) if necessary for a fair and public hearing.

Citation
[2010] JLR 387
Parties
Child: B
Jurisdiction
Jersey
Judgment Date
17 August 2010
Procedural Posture
Family Law Children / Application for Legal Representation for Child
Outcome
Application for appointment of lawyer for child to be determined on a case by case basis at the court's discretion.
Legal Topics
Children, Legal Representation, Human Rights

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Parties

B

Child

Procedural Posture

Family Law Children / Application for Legal Representation for Child

  1. 1 Whether the court has discretion to appoint a lawyer for a child under Children (Jersey) Law 2002, art. 75
  2. 2 Whether appointment is required under Human Rights (Jersey) Law 2000 or European Convention on Human Rights, art. 6(1)

Ratio Decidendi

The court has discretion to appoint a lawyer for a child under Children (Jersey) Law 2002, art. 75, and such appointment is only required under the European Convention on Human Rights, art. 6(1) if necessary for a fair and public hearing.

Court Disposition

Application for appointment of lawyer for child to be determined on a case by case basis at the court's discretion.