Jersey Judgment

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

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Professional case brief

Research organized from the available case record

Source document

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

Child

03

Procedural history

  1. Posture

    Family Law Children / Application for Legal Representation for Child

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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.

  3. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2010] JLR 387

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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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Children (Jersey) Law 2002, art. 75

Legislation

Legislation referenced in the available case record.

Human Rights (Jersey) Law 2000

Legislation

Legislation referenced in the available case record.

European Convention on Human Rights, art. 6(1)

Legislation

Legislation referenced in the available case record.

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