Qualifying Legal Representatives (QLRs)

Final hearings in cases involve cross-examination  - one party asking the other party question about their evidence. 

Where lawyers are involved this questioning will be done by the lawyers. Where the person doing the questioning does not have a lawyer and there is a background of domestic abuse, then the court should put in place measures to stop the parties questioning each other directly. This is even if the case itself is not about domestic abuse. 

In this situation, the court can appoint a QLR. A QLR is a lawyer who steps into the case to do the cross-examination only. They are trained to question vulnerable witnesses.  

You don’t have to pay for a QLR appointed by the court. 

When there may be a QLR 

The parties can’t cross examine each other: 

• in certain types of injunction cases such as non-molestation orders and occupation order cases  

• in cases where there is specific evidence of domestic abuse 

• in cases where one party has a conviction  or caution for domestic abuse of the other, or is under police investigation 

In other types of case, the court has the discretion to ban cross-examination if it would affect the quality of the evidence or cause a party significant distress and appointing a QLR would not be against the interests of justice. 

What a QLR does 

There is statutory guidance for QLRs. This makes it clear that: 

• You can suggest questions or topics that you want the QLR to ask about and explain what your main arguments are. However, the QLR decides what to ask, based on the issues in the case. 

• They can’t advocate for you about the rest of your case 

• They can’t give advice and their role is to just do the cross-examination 

• They can’t take instructions from you. 

• They don’t represent either party in the way a lawyer normally would.  

We have heard about situations where QLRs have gone further than this and started to try to help negotiate or run the whole case. This is not allowed. 

How does the court know I need a QLR? 

In most cases you will have told the court about domestic abuse so the court will be able to see this on the court documents. QLRs are not used for first hearings but only where a case goes to a final hearing (as it is only at these that there will be cross-examination), so there will be hearings before this.  

You can also complete form EX740  (for the victim-survivor of abuse) or form EX741 (for the person accused of abuse) to ask the court to ban cross-examination by your ex.  

Before appointing a QLR 

Before appointing a QLR, the court might: 

• Ask you to find your own QLR (and presumably pay them). 

• Ask you to pay a lawyer (presumably, if you could afford this, you would have already done it!) 

When there’s no QLR available 

The problem is that QLRs are not paid much. It’s also a challenging role because it’s often last minute (and barristers get booked up well in advance) plus it can be hard coming into a case that is already mostly done. This means that there are not very many QLRs. 

So, in most cases there won’t be a QLR even if the court has tried very hard to find one. 

The court’s options if it can’t find a QLR are: 

• Delay the hearing in the hope that a QLR may be found

• Delay the hearing so your and/or your ex can get a lawyer 
  Review whether oral evidence is needed at al '

• Consider other ways of running a hearing.  

• Appoint a legally aided lawyer for any children in the case, so that lawyer does the cross-examination 

• Ask you and your ex to write down the questions you want to ask in advance and send these to the court (but not to your ex). The judge will read these and if they are appropriate then he or she will ask them instead, during the hearing. This is not considered best practice. It should not happen, but it does (largely because there’s no alternative).