Q&As

In care proceedings, the local authority sought a direction that the Parent A should not be given notice of the proceedings, and the court ordered that the Parent A would receive notice if they instructed solicitors, and for the court bundle to be redacted including details of the parties’ representatives. Parent B believes Parent A to be a threat to them and the children. The local authority has now provided Parent A’s solicitor with details of Parent B’s representatives in error. What steps can be taken to prevent that information being disclosed to Parent A by their solicitor?

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Produced in partnership with Ruth Cabeza of Harcourt Chambers
Published on: 26 April 2018

A solicitor has duty to follow their client’s instructions and to act in the best interests of their client. However, solicitors are officers of the court and also have duties to the court. The first question is therefore whether a solicitor who is aware that the court has made directions to prevent them being provided with certain information is entitled to share said information with their lay client if it comes into their possession inadvertently.

A solicitor’s conduct is

Ruth Cabeza
Ruth Cabeza chambers

I am a self employed barrister specialising in family practicing from Field Court Chambers London, where I have been a tenant since 2001. My practice has always included matrimonial finance, public law children and adoption and private law children. Presently the majority of my instructions in all areas of my practice involve an international element. I also act in cases where a child has suffered very serious injuries. In the last few years I have been pleased to develop an appellate practice and have acted in several appeal cases where I have not been instructed at first instance, including a complex second appeal to the Court of Appeal in 2015. I have been instructed as an expert on the application of international adoption law in public law children cases. I am an experienced speaker at lectures and conferences on child law matters, particularly international adoption and international surrogacy law, which are areas that I have particular expertise in. I regularly contribute articles to key legal journals on topical legal issues.

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Jurisdiction(s):
United Kingdom
Key definition:
Local authority definition
What does Local authority mean?

The County, Unitary or london borough Council for a defined area.

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