President of Family Division suggests courts should cover costs where legal aid cuts may impact access to justice

The World Of Family Law

Rachael Rowley-Fox explores the suggestion made by Sir James Munby, the President of the Family Division, that courts should spend money to ensure that justice is done in the wake of the legal aid cuts.

Sir James Munby, President of the Family Division has declared in a joint judgment that the court service may have to pay for legal representation when legal aid has been refused. Munby LJ examined three separate cases – Q v Q, Re B, and Re C. He stated that:

“Each is a private law case in which a father is seeking to play a role in the life of his child, who lives with the mother. In each case the problems with which I am faced derive from the fact that whereas the mother has public funding the father does not.”

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