Lord Dyson was giving judgement in Re K and H (Children) [2015] EWCA Civ 543. The Lord Chancellor had brought the appeal after the lower court had ordered that representation of a father should be funded. The president of the Family Division, Sir James Munby, had suggested in Q v Q [2014] EWFC 31 that, in some circumstances, the court should order the ‘cost of certain activities’ including representation to ensure a fair trial (see September 2014 Legal Action 4).

In his judgment in Re K and H, Lord Dyson concluded that a court did not have the power to require the Lord Chancellor to bear the costs of representation, other than through the provisions of LASPO.