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Procedural challenges in a fact-finding hearing in wardship proceedings
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Family analysis: The case of M v F and others [2018] EWHC 1720 (Fam) is a reminder that the main issues in the case should be identified and addressed as early as possible in proceedings. Brendan Roche barrister of Seven Bedford Row highlights the procedural issues that arose because the father was a litigant in person including whether he could cross-examine the mother.
What are the practical implications of this case?
The key lessons from this case are the value of identifying and addressing the issues as early as possible in proceedings and arrangements that may be put in place as to cross-examination where an alleged perpetrator is a litigant in person.
The respondent father’s application for legal aid was rejected on the basis of his means. This meant that as a litigant in person the respondent would in the ordinary course cross-examine the mother (the applicant) on her allegations. The Master of the Rolls in
Re K and H (Private Law: Public Funding) [2015] EWCA Civ 543 [2016] 1 FLR 754 set out in para [52]...
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