Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
View all articles

HB v A Local Authority (Local Government Association intervening) [2017] EWHC 524 (Fam)

Sep 29, 2018, 19:48 PM
Costs – Wardship – Application for legal funding order
The mother’s application for a costs funding order against the local authority was dismissed.
Slug : hb-v-a-local-authority-and-another-wardship-costs-funding-order-2017-ewhc-524-fam
Meta Title : HB v A Local Authority (Local Government Association intervening) [2017] EWHC 524 (Fam)
Meta Keywords : Costs – Wardship – Application for legal funding order
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 23, 2017, 10:06 AM
Article ID : 113984

(Family Division, MacDonald J, 21 March 2017)

Costs – Wardship – Application for legal funding order

The mother’s application for a costs funding order against the local authority was dismissed.

The father of the two young children had been in Syria since 2013 and was presumed dead. The mother was alleged to have taken the children to a town in Turkey close to the Syrian border, that she had sought to provide funds to followers of Islamic State, that she held and sympathised with extremist views and that she had placed her children at risk of significant harm.

When the mother attempted to leave the jurisdiction with large sums of money for a second time she was prevented from leaving the country and the children were placed in police protection. Proceedings were initiated under the inherent jurisdiction and the children were made wards of court. The mother was not entitled to non-means, non-merits tested legal aid as a result of the local authority decision to issue wardship rather than care proceedings. The mother, therefore, applied under the inherent jurisdiction for a legal funding order against the local authority.

The mother’s claim was dismissed. The judge held that the inherent jurisdiction of the High Court did not give the court the power to require a local authority to incur expenditure to fund the legal representation of a litigant in wardship proceedings who had been lawfully refused legal aid in accordance with the statutory legal aid scheme put in place by Parliament.

Neutral Citation Number: [2017] EWHC 524 (Fam)

Case No: FD16P000415

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 21/03/2017 





A Local Authority


The Local Government Association

- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -

Mr Charles Hale QC and Mr Christopher Barnes (instructed by Irvine Thanvi Natas Solicitors) for the Applicant
Mr Teertha Gupta QC and Mr Oliver Jones (instructed by the local authority solicitor) for the Respondent
Mr Peter Oldham QC (instructed by the LGA) for the Intervener

Hearing dates: 14, 15 and 16 February 2017

- - - - - - - - - - - - - - - - - - - - -

Approved Judgment

I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.


HB v A Local Authority and Another [2017] EWHC 524 (Fam).rtf
Categories :
  • Costs
  • Judgments
Tags :
Provider :
Product Bucket : Family
Recommend These Products
Related Articles
Load more comments
Comment by from