Lecture notes
Family law lpc notes
- Module
- Law
- Institution
- University Of Westminster (UOW)
Summarised Notes on each family law unit save unit 7
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Courts are guided by Civil Procedural Rules (CPR) 1.1 (1) The overriding objective - to dealwith cases justly and at proportionate cost.
Dispute resolution – counselling/support, negotiation, mediation, conciliation, arbitration
etc.
S31 Matrimonial & Family Proceedings Act 1984 – new single national court being The
Family Court which deals with all family work except those sent to High Court Family Division
Designated Family Judges manage their local areas from a Designated Family Centre (DFC) –
all applications issued here
Gate-keeping & Allocation team will allocate the required level of judge & hearing centre
CPR 2.1(2) excludes family proceedings so Family Procedure Rules (FPR) 2010 is code used.
CPR Costs Rules apply to family proceedings but with significant differences i.e. each party
pays their own cost rather than unsuccessful party paying other’s costs (FPR 28.2)
Public Funding (cover solicitor costs)
Suggested Legal Aid Answer:
Courts are guided by Civil Procedural Rules (CPR) and particular emphasis on 1.1 (1) The overriding
objective to deal with cases justly and at proportionate cost.
CPR 2.1(2) excludes family proceedings so Family Procedure Rules (FPR) 2010 is code used.
CPR Costs Rules apply to family proceedings but with significant differences i.e. each party pays their
own cost rather than unsuccessful party paying other’s costs (FPR 28.2)
Public funding is operated by the Legal Aid Agency (LAA) and under S9 & Schedule 1 Legal Aid,
Sentencing & Punishment of Offenders Act (LASPO) 2012 funding is limited to certain areas and the
one that applies here is domestic violence injunctions as stated in the divorce petition, a non-
molestation order was obtained again Maurice.
Divorce is beyond the scope of funding unless domestic violence is caused by an associated person
and in this case, a domestic violence incident did occur as Arabella being the victim was hit on her
head by a tractor tyre which Maurice her spouse at time threw which caused her substantial bruising
, dizziness plus she had to attend A&E so this was serious.
As a result of, this can put Arabella in scope for Legal Aid. The independent evidence to prove
domestic violence here would be the injunction order granted (as per S33 The Civil Legal Aid
(Procedure) Regulations 2012) but also as Arabella visited A&E she would have the injuries/bruising
noted on her medical record so they can produce medical report.
, Operated by Legal Aid Agency (LAA)
S9 & Schedule 1 Legal Aid, Sentencing & Punishment of Offenders Act (LASPO) 2012 limits
funding to certain areas such as:
- Family mediation
- Public law i.e. care of children - Maurice
- Orders sought re a child at risk of abuse (S8 Children Act, CA 1989) or abduction (ss 27,
33 & 34 Family Law Act, FLA 1986)
- Domestic violence injunctions i.e. non molestation & occupation orders
Divorce is beyond the scope of funding unless involves domestic violence!
A victim of domestic violence from an associated person will be in scope thus entitled to
public funding for matters arising out of that family relationship i.e. to get non molestation
order against abuser but the victim must prove they are a victim or at risk of being a victim
of such.
Need independent evidence to prove domestic violence i.e. medical report, police caution,
police order.
S33 The Civil Legal Aid (Procedure) Regulations 2012 – proof can be an arrest, relevant
conviction, current criminal proceedings or caution, protective injunction (can relate to
abuser’s previous partner requesting this), letters from health professionals & support
organisations.
Levels of support – (Private law matters = brought by individuals i.e. divorce, public law matters =
brought by authorities/court i.e. care orders)
- Family Mediation – pays the mediator rather than solicitor, means-tested and the
dispute must justify the cost of mediation. Even if the victim is entitled to Legal Aid, LAA
expects an attempt at mediation information meeting (MIAM) in accordance with FPR
before issuing proceedings to see if there’s sufficient common ground to resolve the
dispute without the court (not expected if there’s an emergency i.e. violence involved)
and reference made to it in any application forms.
- Help with Family Mediation (level 2 in private law) – pays the solicitor if the client is or
has within last 3 months been participating in Family Mediation & there’s sufficient
justification to provide the advice.
£150 fee for advice, additional £200 fee if the solicitor needs to draft a consent order in
a divorce financial matter.
- Legal Help (level 1) – basic level of service for private & public law advice/assistance
and covers: initial meeting, letter of advice, follow up calls & letters, completing CIV
App3 if needed. Only appropriate level of funding for undefended divorce only cases (if
in scope)!
Fixed standard fee of £86 paid to solicitor under this level.
Higher fee of £146 paid to solicitor under this level in divorce-only cases if their
representing the Petitioner (if client also needs help at level 2 below i.e. because
children involved and not divorce only – she don’t pay higher fee).
- Merits tested – sufficient benefit
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