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17 March 2017 / David Burrows
Issue: 7738 / Categories: Features , Family
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Statutory charge or Pyrrhic damages?

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Does the legal aid statutory charge apply to damages recovered by children & their parents under the Human Rights Act 1998, asks David Burrows
  • When does the legal aid statutory charge apply in family proceedings?
  • When does the charge apply as between parallel care proceedings and claims for damages under Human Rights Act 1998, s 8?
  • Can damages claims under s 8 be issued in the family courts?

A difference of view has been developing between two Family Division judges—Cobb J and Keehan J—over whether the legal aid statutory charge applies to damages recovered by children and their parents under the Human Rights Act 1998 (HRA1998), s 8. And, rather than holding the ring, the Lord Chancellor (ie Legal Aid Agency (LAA)) does not seem to know which way to jump (see P v A Local Authority [2016] EWHC 2779 (Fam), [2016] All ER (D) 104 (Nov) as against H (A Minor) v Northamptonshire County Council & Anor [2017] EWHC 282 (Fam), [2017] All ER (D) 181 (Feb) both cases of Keehan J). A secondary issue as to which court—the family

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