27 February 2015
Slovenian man
demands 591 pages of court documents be translated - at cost of £23,000
Britain’s
top family judge has rejected a Slovenian man’s demands that hundreds of court
documents be translated into his language – at a cost of £23,000 to British
taxpayers.
The
father, who lives in the Midlands, but cannot be named for legal reasons, is
locked in a legal row with a British council over his young daughter’s care,
wanted 600 pages of text translated into his mother tongue.
Otherwise,
he argued, he “could not participate” in a court dispute with crucial
implications for his family life.
His
lawyers argued that the £38-a-page translation cost should be shouldered by the Legal Aid Agency (LAA).
But
Sir James Munby, President of the High Court Family Division, blasted the
“striking” request and ruled that less than 10 per cent of the documents needed
translation.
The
judge made a “plea for restraint in the expenditure of public funds”, saying
the amount of taxpayers’ cash available is “limited” and must be “husbanded
properly”.
He
added: “It is no good complaining that public funds are available only for X
and not for Y if money available for X is being squandered.
“Money
should only be spent on what is ‘necessary’ to enable the court to deal with
proceedings ‘justly’.”
Sir
James said the Slovenian resident, referred to as “K”, is embroiled in care
proceedings with Warwickshire County Council over the future of his
eight-year-old daughter.
K
does not speak English but does have the benefit of a solicitor who speaks
Slovenian.
It
was agreed that some of the documents needed translation - at a cost of just
over 10p a word.
But
the LAA’s eyebrows were raised when K’s lawyers requested that 591 pages be
translated - at a total cost to the public purse of £23,000.
The
agency rejected the request, last December, saying: “It is accepted that if the
client cannot speak or read English he does need to understand the evidence.
“However,
it is very unlikely indeed that he will actually [need] to read such a large
volume of the documentation”.
The
case was referred to Sir James, who criticised the lawyers involved for
submitting a bundle of legal documents which was two-and-a-half times the size
of usual judicial limits.
He
said there was “absolutely no excuse” for being unfamiliar with directions
limiting the size of files submitted in family cases.
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