Guardian Ad Litem in UK Law

Leading Cases
  • W v W ; S (an Infant) v S ; W v Official Solicitor (acting as Guardian ad Litem for a Male Infant named PHW)
    • Court of Appeal (Civil Division)
    • 03 Feb 1970

    In my opinion, when a Court is asked todecide whether a child is legitimate or not, it should have before it the best evidence which is available. It should decide on all the evidence, and not on half of it. There is at hand in these days expert scientific evidence - by means of a blood test – which can in most cases resolve the issue conclusively. In the absence of strong reason to the contrary, a blood test should be made available.

  • Mabon v Mabon
    • Court of Appeal (Civil Division)
    • 26 May 2005

    Although the tandem model has many strengths and virtues, at its heart lies the conflict between advancing the welfare of the child and upholding the child's freedom of expression and participation. Unless we in this jurisdiction are to fall out of step with similar societies as they safeguard Article 12 rights, we must, in the case of articulate teenagers, accept that the right to freedom of expression and participation outweighs the paternalistic judgment of welfare.

  • Masterman-Lister v Brutton; Masterman-Lister v Jewell
    • Court of Appeal (Civil Division)
    • 16 Ene 2003

    For the purposes of RSC 80 – and, now, CPR 21—the test to be applied, as it seems to me, is whether the party to legal proceedings is capable of understanding, with the assistance of such proper explanation from legal advisers and experts in other disciplines as the case may require, the issues on which his consent or decision is likely to be necessary in the course of those proceedings.

  • Re J (A Minor) (Wardship: Medical Treatment)
    • Court of Appeal (Civil Division)
    • 19 Oct 1990

    No-one can dictate the treatment to be given to the child—neither court, parents nor doctors. The doctors can recommend treatment A in preference to treatment B. They can also refuse to adopt treatment C on the grounds that it is medically contra-indicated or for some other reason is a treatment which they could not conscientiously administer. The inevitable and desirable result is that choice of treatment is in some measure a joint decision of the doctors and the court or parents.

  • Mallett v McMonagle
    • House of Lords
    • 11 Feb 1969

    Anything that is more probable than not it treats as certain. But in assessing damages which depend upon its view as to what will happen in the future or would have happened in the future if something had not happened in the past, the court must make an estimate as to what are the chances that a particular thing will or would have happened and reflect those chances, whether they are more of less than even; in the amount of damages which it awards.

  • Airedale NHS Trust v Bland
    • Court of Appeal (Civil Division)
    • 09 Dic 1992

    PVS is a recognised medical condition quite distinct from other conditions sometimes known as "irreversible coma", "the Guillain-Barre syndrome", "the locked-in syndrome" and "brain death". Its distinguishing characteristics are that the brain stem remains alive and functioning while the cortex of the brain loses its function and activity. Thus the PVS patient continues to breathe unaided and his digestion continues to function.

    A patient in this condition requires very skilled nursing and close medical attention if he is to survive. The Airedale National Health Service Trust have, it is agreed, provided both to Mr Bland. Introduction of the nasogastric tube is itself a task of some delicacy even in an insensate patient. Thereafter it must be monitored to ensure it has not become dislodged and to control inflammation, irritation and infection to which it may give rise.

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Legislation
  • Family Proceedings Courts (Children Act 1989) Rules 1991
    • UK Non-devolved
    • 1 de Enero de 1991
    ...... 8. Service . 9. Answer to application . 10. Appointment of guardian ad litem . 11. Powers and duties of guardian ad litem . 12. Solicitor ......
  • Children Act 1989
    • UK Non-devolved
    • 1 de Enero de 1989
    ...... . (4) The rule of law that a father is the natural guardian of. his legitimate child is abolished. . (5) More than one person may ...made against the decision. Guardians ad litem . Guardians ad litem. . S-41 . Representation of child and of his ......
  • Rules of the Supreme Court (Revision) 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ...... wardship or adoption of an infant or wholly or mainly to the guardianship, custody, maintenance or upbringing of an infant, or rights of access to ... and affairs and represented by a person acting as guardian ad litem or next friend, as references to that person acting where necessary, with ......
  • Adoption Rules 1984
    • UK Non-devolved
    • 1 de Enero de 1984
    ...... (a) each parent or guardian of the child; . (b) any local authority having the powers and duties of a ... shall be appointed from a panel established by the Guardians Ad Litem and Reporting Officers (Panels) Regulations 1983(a) but shall not be a ......
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Books & Journal Articles
  • Statutes
    • Núm. 22-5, Septiembre 1959
    • The Modern Law Review
    ...... regard to the child, but among the duties of the guardian ad litem is that of informing the court, where either ......
  • A Jurisdiction in Search of a Mission: Family Proceedings in England and Wales
    • Núm. 57-6, Noviembre 1994
    • The Modern Law Review
    ...... Jurisdiction (a) The Protectionist Vision: the Court as Guardian of Marriage and Morals Prior to 1858, marriages could be dissolved ... that the Official Solicitor should be appointed guardian ad litem. 84 See Venables, op cit n 80, at p 56. 85 re B (wardship: ......
  • Care by the Family or Care by the State?
    • Núm. 58-6, Noviembre 1995
    • The Modern Law Review
    ...... However, the fatherlo and the child’s guardian ad litem opposed Mrs W’s application and recommended the making ......
  • The representation of children and their parents in public law proceedings since the Children Act 1989: high hopes and lost opportunities?
    • Núm. 5-2, Junio 2010
    • Journal of Children's Services
    • 64-72
    The Children Act 1989 revolutionised the way in which care proceedings were conducted. Gone were the rudimentary procedures of the old system, where parents and children had limited access to indep...
    ...... care proceedings; independent representation; children’s guardians; children’s solicitors; family court and the family. It incorporated a ...Local authorities were obliged to set up panels of guardians ad litem to provide separate representation for children. A flexible mixed ......
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Law Firm Commentaries
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