3/11/2019
START DATE
END DATE
6/21/2019
The Human Rights Commission et al v The Attorney General and Minister of Legal Affairs et al
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Court of Appeal for Bermuda
Human Rights Family Law
Clarke President Smellie JA Gloster JA
Saul Dismont (Marshall Diel & Myers Ltd.)
Wendy Greenidge (Attorney-General s Chambers)
FACTS OF THE CASE:
The appellants challenged the Family Court s duty to appoint a litigation guardian and counsel for children in specified proceedings under the Children Act 1998 claiming failures in representation from 1998 to 2016 and onwards
SUMMARY:
Whether the Family Court has a statutory duty to appoint litigation guardians and counsel for children and whether such appointments require public funding
OUTCOMES:
The court clarified the duty under section 35 but refused appellants' request for public funding for representation leading to a situation where children s rights to representation remain unfulfilled
RULED IN FAVOUR OF:
Defendants
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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The Human Rights Commission et al v The Attorney General and Minister of Legal Affairs et al
The appellants challenged the Family Court s duty to appoint a litigation guardian and counsel for children in specified proceedings under the Children Act 1998 claiming failures in representation from 1998 to 2016 and onwards