family law, legal aid, LASPO, access to justice, state funding, Q v Q [2014] EWFC 31
This article concludes a three-part series on funding of family
proceedings in the aftermath of Legal Aid, Sentencing and Punishment of Offenders
Act 2012: how can some types of proceedings be funded in the absence of state
funding under the old legal aid scheme? What sources of funding for legal
representation may there be for those of limited means?
Funding
in these circumstances is a hand-to-mouth business. At present it is only
possible to give pointers; and some suggested remedies may seem at the edge of
what is possible (ie scraping the barrel). Part 3 of the series concludes,
therefore, by touching on costs allowances and the common law; funding ideas
derived from the comments of Sir James Munby P in
Q v Q (Private Law: Public Funding) [2014] EWFC 31 (such as funding from HMCTS; help from the Attorney-General (by an advocate
to the court), and assessors); the solicitors’ lien (Solicitors Act 1974, s 73);
legal aid and committal proceedings; and some ideas lifted from administrative
law proceedings (‘legitimate expectation’ and protective costs orders).
The full version of this article appears in the December 2014 issue of Family Law.
Online subscribers can access the article here.For details on how you can subscribe to Family Law or for any offers, please contact a member of our sales team: Tel 0117 918 1555, or email:sales.manager@jordanpublishing.co.uk
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