Respect for litigants in person – proper service
The court considered the situation where in an international child abduction application, papers were served at the door of the court on a party who was unrepresented, and who had little English.
Held: This was plainly wrong. In such cases it was vital to compky with the Practice Directio as to the timely service of documents. The Father should have been given an adjournment: ‘These are minimum service requirements that should be adapted in individual cases to protect the rights of LIPs. The need for earlier preparation and service places obligations on advocates and those who instruct them, but that is necessary to prevent the intrinsic unfairness to LIPs that may arise from late service.’
Peter Jackson J said: ‘ the right to a fair trial includes the right to know the case one has to meet. Court hearings are already difficult for LIPs, but many, being inexperienced, are hesitant to complain about matters such as late service. In child abduction cases, the applicant is entitled to unconditional legal aid while the respondent is only entitled to means and merits-based legal aid. In consequence, it is common for the court to be faced with an applicant, appropriately represented by specialist solicitors and counsel, while the respondent has no legal advice or representation at all and in many cases cannot speak English.’
Peter Jackson J
[2016] EWHC 2365 (Fam)
Bailii
England and Wales
Citing:
Cited – In re K (A Child) CA 25-Nov-2010
F brought proceedings here to seek the return of the child K to Poland from where she had been removed by M. F appealed against refusal of an order for K’s return, citing F’s delay.
Held: The appeal succeeded. The judge had not allowed for F’s . .
Cited – PH v AH FD 9-May-2016
In this action for the return of a child alleged to have been removed to this country, Holman J dicussed the inequality of the availability of legal aid to the parties: ‘Let me say at once that if the mother had been present today, the fact that she . .
Lists of cited by and citing cases may be incomplete.
Family, Litigation Practice
Updated: 09 November 2021; Ref: scu.569861