1 Garden Court

CS v SBH & Ors [2019] EWHC 634 (Fam) (18 March 2019)

Richard Jones appeared on behalf of the child through her Children’s Guardian in this key decision relating to a child’s capacity to instruct a solicitor. The case is essential reading for those who represent children in proceedings and gives important guidance on the separate representation of children. The appeal itself, brought by the child instructing a solicitor directly, is highly unusual on its facts, with, in effect, 2 solicitors disputing the capacity of the 12 year old child to instruct a solicitor; the solicitor instructed through the Children’s Guardian contending she did not have capacity and the other solicitor contending that she did. After a careful analysis Mr Justice Williams found that the child did not have capacity to pursue the appeal without a children’s guardian.

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