The High Court has handed down judgment on a claim for judicial review following a refusal by the Legal Services Commission (LSC) to fund the full cost of an expert report in Children Act proceedings relating to a 10-year-old girl JG. The LSC agreed to fund a third of the costs on the basis that JG's mother and father were also parties to the proceedings. It was only JG who was in receipt of public funding. An application was made by JG that the LSC had acted unlawfully by refusing to fund the report in full.
The challenges to the LSC's decision not to fund the expert's report were based on three grounds:
1) the LSC acted unlawfully in refusing to pay for the report in full;
2) the LSC should have appealed the district judge's order; and
3) the child's solicitor had a legitimate expectation that the LSC would pay for the report in full
The Family Procedure Rules 2010 (FPR) concerning the use...
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