CARE/CONTACT: Merton London Borough Council v K; Re K (Care: Representation: Public Funding) [2005] EWHC 167 (Fam)

15 FEB 2005

(15 February 2005; Baron J; Family Division) [2005] 2 FLR 422

Public funds should not be used to enable parties to be represented unless they had a positive case to be  before the court. If parties were joined (at a late stage) in care cases, their lawyers had a positive duty to set out why they are actually required to be repn court and must inform the Legal Services Commission in writing of the precise reasons why scarce public funds should be made available for trial. It was suggested that the Legal Services Commission draw up a new procedure for public law cases to ensure that only parties with a legitimate need were represented throughout the hearing.

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