Judge warns of effect of legal aid cuts in family court cases

One of the most experienced High Court judges in England and Wales has raised concerns about the knock-on effects the "almost wholesale abolition" of legal aid is having in family courts.

Mr Justice Holman - who has sat in the Family Division of the High Court for more than 20 years - says family court judges are "so often" being faced with litigants who are not represented by lawyers.

And he has outlined the difficulties one judge encountered in a ruling after overseeing an appeal hearing on a divorce money dispute between an estranged Iranian couple.

The woman involved had challenged a ruling made by a deputy district judge following a family court hearing.

Mr Justice Holman concluded the lower court judge's rulings on certain aspects of case had been unreliable.

But he said the judge had found herself in difficult circumstances.

"She was faced, as so often occurs since the almost wholesale abolition of legal aid, with two unrepresented litigants in person," he said.

"The first language of neither of them is English ... the wife in particular has difficulties with that language."

He added: "In those difficult circumstances the deputy district judge clearly did her best."

Mr Justice Holman said barrister Sarah Tyler had agreed to represent the woman for free at the appeal hearing - the man had again represented himself.

He said Ms Tyler had provided excellent representation.

And he noted her efforts by formally listing the parties on the cover of his written ruling and adding: "Ms S. Tyler, generously acting free of charge, appeared on behalf of the appellant."

He said he had allowed the woman's appeal and ordered a fresh hearing.

Mr Justice Holman analysed the appeal at a hearing in London.

He did not say where the initial hearing had taken place or identify the lower court judge.