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Legal aid – Expert evidence. In private law children proceedings, the district judge had ordered the instruction of a psychotherapist and subsequently ordered that the parties jointly instruct the psychotherapist with the claimant child, who was publicly funded, to bear the costs (the order). The Legal Services Commission refused to pay for the report and the judge, on the claimant's judicial review application, upheld that decision. The Court of Appeal, Civil Division, in allowing the claimant's appeal, held that the order had been made at the instigation of the children's guardian on the claimant's behalf and it had not fallen foul of s 22(4) of the Access to Justice Act 1999.
Legal aid – Expert evidence. In private law children proceedings, the district judge had ordered the instruction of a psychotherapist and subsequently ordered that the parties jointly instruct the psychotherapist with the claimant child, who was publicly funded, to bear the costs (the order). The Legal Services Commission refused to pay for the report and the judge, on the claimant's judicial review application, upheld that decision. The Court of Appeal, Civil Division, in allowing the claimant's appeal, held that the order had been made at the instigation of the children's guardian on the claimant's behalf and it had not fallen foul of s 22(4) of the Access to Justice Act 1999.
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