In re B v [2010] JLR 387 (17 August 2010)
- Citation
- [2010] JLR 387
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Family Law Children / Application for Legal Representation for Child
More details
- Posture
- Family Law Children / Application for Legal Representation for Child
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
B
Child03
Procedural history
Posture
Family Law Children / Application for Legal Representation for Child
04
Questions and positions
Legal issues
- 01
Whether the court has discretion to appoint a lawyer for a child under Children (Jersey) Law 2002, art. 75
- 02
Whether appointment is required under Human Rights (Jersey) Law 2000 or European Convention on Human Rights, art. 6(1)
Party arguments
- Applicant
- The child should be appointed a lawyer to ensure a fair hearing and proper representation under relevant laws.
- Respondent
- Appointment of a lawyer for the child is not mandatory in every case and should be at the court's discretion.
05
Court’s reasoning
Legal principles
- 01
Children (Jersey) Law 2002, art. 75
Court has discretion under Children (Jersey) Law 2002, art. 75 to appoint a lawyer for a child, to be exercised on a case by case basis.
- 02
Human Rights (Jersey) Law 2000
Appointment of a lawyer is not necessarily required under Human Rights (Jersey) Law 2000 if the child is joined as a party.
- 03
European Convention on Human Rights, art. 6(1)
Appointment is required under European Convention on Human Rights, art. 6(1) if necessary for a fair and public hearing.
06
Ratio, limits and disposition
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.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re B v [2010] JLR 387 (17 August 2010) URL: https://www.bailii.org/je/cases/JLR/2010/JLR100387.html Cite as: [2010] JLR 387 [ New search ] [ Help ] In re B v 2010 JLR 387 (17 August 2010) Family Law-children-legal representation-court has discretion under Children (Jersey) Law 2002, art. 75 to appoint lawyer for child, to be exercised on case by case basis-if child joined as party, appointment not necessarily required under Human Rights (Jersey) Law 2000-required under European Convention on Human Rights, art. 6(1) if necessary for fair and public hearing The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2010 JLR 387 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2010/JLR100387.html
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