State should pay for representation and witnesses in private child disputes

Money purse - WalletQ v Q ; Re B (a child) ; Re C (a child) [2014] EWFC 31 – 6 August 2014 –  read judgment

Public funding is not generally available for litigants in private-law children cases, and no expert can now be instructed in such a case unless the court is satisfied, in accordance with section 13(6) of the Children and Families Act 2014, that the expert is “necessary” to assist the court to resolve the proceedings “justly”.   As the President of the Family Division observed, restrictions on legal aid in certain circumstances has led to a “drastic” reduction in the number of legally represented litigants:

The number of cases where both parties are represented has fallen very significantly, the number of cases where one party is represented has also fallen significantly and, correspondingly, the number of cases where neither party is represented has risen very significantly.

All this has led to increased calls on the Bar Pro Bono Unit, which is generally not able to meet the demand.

Sir James Munby P has therefore suggested that the cost of certain activities, such as bringing an expert to court and providing advice to parents accused of sexual offending within the family, should be borne by the Courts and Tribunals Service.   Continue reading

Church has employer’s duty of liability for parish priests

JEG v  The Trustees of the Portsmouth Roman Catholic Diocesan  [2012] EWCA Civ 938

Elizabeth Anne-Gumbel QCand Justin Levinson of One Crown Office Row acted for the claimant in this case. They did not write this post.

The Court of Appeal has now confirmed that the church can be held liable for the negligent acts of a priest it has appointed. Permission to appeal to the Supreme Court has been refused.

This appeal was another preliminary stage in the main action between the claimant’s action for damages following the alleged sexual abuse and assault by a parish priest (now deceased), and the trustees of the diocesan where he served. The Court of Appeal has now confirmed that the defendants can held to account, even though there was no formal employment relationship between Father Baldwin and the Diocesan - see Rachit Buch’s post for an excellent analysis of the issues and summary of the facts. Continue reading