IN the matter of KK [2010] JRC 220 (09 December 2010)

IN the matter of KK [2010] JRC 220 (09 December 2010)

The guardian appointed under Article 75(1)(b) Children (Jersey) Law 2002 may seek legal advice at his discretion, but the lawyer's role is limited and reactive, not to routinely represent the guardian in court or receive documentation unless expressly requested. The guardian remains responsible for presenting his own views unless legal assistance is specifically needed.

Citation
[2010] JRC 220
Parties
Applicant: Minister; Guardian: C (Guardian)
Jurisdiction
Jersey
Judgment Date
09 December 2010
Procedural Posture
Public Law Children Proceedings / Interlocutory Directions / Clarification of Order
Outcome
Clarification of previous order; guardian may seek legal advice at discretion, with limits on lawyer's role.
Legal Topics
Appointment of Guardian, Legal Representation of Children, Interpretation of Article 75 Children (jersey) Law 2002
Family Law Child Law Appointment of Guardian Legal Representation of Children Interpretation of Article 75 Children (jersey) Law 2002

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Minister

Applicant

C (Guardian)

Guardian

Procedural Posture

Public Law Children Proceedings / Interlocutory Directions / Clarification of Order

Legal Issues

  1. 1 Whether a guardian appointed under Article 75(1)(b) Children (Jersey) Law 2002 is entitled to legal advice
  2. 2 Clarification of the functions and limits of a lawyer appointed to a guardian
  3. 3 Distinction between legal representation and guardianship under Jersey law

Ratio Decidendi

The guardian appointed under Article 75(1)(b) Children (Jersey) Law 2002 may seek legal advice at his discretion, but the lawyer's role is limited and reactive, not to routinely represent the guardian in court or receive documentation unless expressly requested. The guardian remains responsible for presenting his own views unless legal assistance is specifically needed.

Court Disposition

Clarification of previous order; guardian may seek legal advice at discretion, with limits on lawyer's role.

Orders

  • Guardian authorised to seek and obtain legal advice as needed.
  • Lawyer to act only on express instruction of guardian and not routinely appear in court or receive documentation unless requested by guardian.