I refute the idea that people will be given an injunction at some hearing in order to enable them to get legal aid, but people might apply. If the evidentiary tests are made too lax, there will be a tendency to fabricate claims or to bring in claims that are old and irrelevant, because it is worth thousands of pounds to the lawyer advising that person if legal aid is granted on that basis.
Far from trying to narrow the scope, let me remind the right hon. Gentleman and others where we have got to and where we are going this evening, by the time we have finished. We have a clear, wide definition trying to catch the variety of circumstances that will evidence recent domestic violence so that the argument that the victim should not have to face her abuser without having legal representation can be countered. But we do not want to shift the vast majority of private family law cases away from mediation into publicly funded adversarial litigation.
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Lord Clarke of Nottingham
(Conservative)
in the House of Commons on Tuesday, 17 April 2012.
It occurred during Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
Type
Proceeding contribution
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543 c220-1 
Session
2010-12
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