Justice Is Seen to be Done – High Court Considers Fairness of Counsel’s Interactions with Opposition

F v M & Z [2024] EWHC 3190 (Fam)

Avaia Williams, a first six pupil under the supervision of Sara Anning and Rebecca Musgrove, summarises the recent High Court case of F v M & Z [2024] EWHC 3190 (Fam).

The High Court tackled a critical issue of procedural fairness, examining whether a barrister’s prior interactions with the opposing party compromised the perception of justice in family law proceedings.

The case involved a father’s appeal against a Child Arrangements Order allowing the mother to relocate with their child to Hungary. The father argued that his previous interactions with the mother’s counsel, including sharing case materials and discussions about instruction, created a conflict of interest and undermined the fairness of the proceedings.

Mr Justice Hayden ruled that the professional engagement, even if limited, posed a sufficient risk of perceived unfairness, stating:

“The weight of the professional obligation is to avoid the appearance or risk of unfairness and, in the time-honoured phrase, for justice not only to be done but to be seen to be done.

This judgment highlights the significance of maintaining procedural fairness and the ethical responsibilities of legal professionals. It serves as a reminder that even the perception of unfairness can undermine judicial integrity, necessitating rigorous adherence to ethical and procedural safeguards in family law.

For the full summary and commentary, visit Family Law Week.

The full judgment is available on BAILII.