Jurisdiction(s):
United Kingdom

Re Z: Managing prohibited cross-examination when no QLR can be found—judicial questioning, alternatives, PD3AB, 28-day review and practical preparation (England and Wales)

Published on: 23 February 2024

Published by a LexisNexis Family expert

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Article summary

Re: Z (Prohibition on Cross-examination: No QLR) [2024] EWFC 22, [2024] All ER (D) 99 (Feb) What are the practical implications of this case?

A succinct restatement of the statutory framework governing the appointment of a QLR appears at paras [4]–[20] of the judgment, providing a handy overview for deciding if a QLR is required. In day-to-day practice, however, QLRs are in short supply—principally because the available remuneration is limited—so securing one is often unlikely, as occurred here. Where no QLR can be identified, the court must work through all feasible alternatives. If those options are exhausted, a judge may conclude that, in the interests of justice, they must assume the QLR role. Where a judge or magistrate steps into that position, careful wording is essential: the court should not be described as cross-examining a party, but rather as ‘asking questions that the other party wishes to have asked or a similar phrase’ (para [35])...

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