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Family Law

The leading authority on all aspects of family law

17 DEC 2014

State funding for family proceedings: Part 3: Sources of family proceedings funding (£)

David Burrows

Solicitor Advocate

@dbfamilylaw

State funding for family proceedings: Part 3: Sources of family proceedings funding (£)
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.

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