In WALSALL MBC v A MOTHER (2025) EWHC 929 (Fam) Lieven J says that the applicability of Article 6(1) of the European Convention on Human Rights in civil cases depends on the existence of a “dispute” over the civil right in question. The word “dispute” has to be given a substantive meaning rather than a formal one. It is necessary to look beyond the appearances of and language used and concentrate on the realities of the situation according to the circumstances of each case. The dispute had to be genuine and of a serious nature. Unlike the situation in respect of criminal charges under Article 6(3), Article 6(1) gives no authoritative rights to legal assistance in civil disputes. Nor did Article 6 imply that the State has to provide free legal aid for every dispute relating to “civil rights”. The rest is whether legal assistance is “indispensable” for effective access to the Court.

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