1. Introduction Flashcards
What does the legal aid scheme enable?
a client to obtain free or low-cost legal services, usually subject to meeting a means and a merits
test.
How is Eligibility and procedures governed
mainly by the Civil Legal Aid (Merits Criteria) Regulations 2013 (SI 2013/104) and the Civil Legal Aid (Procedures) Regulations 2012 (SI
2012/3098)
Who administers the LA scheme?
by the Legal Aid Agency (LAA), an executive agency of the
Ministry of Justice
what is outside the LA scope?
private children cases, financial applications and divorce are outside
the scope of the scheme unless the client can demonstrate that they have been a victim of or are
at risk of domestic violence, or, in children cases, that the case is for the purpose of protecting
a child who would otherwise be at risk of abuse.
how is domestic violence defined in the Legal Aid, Sentencing and Punishment of
Offenders Act 2012 (Amendment of Schedule 1) Order 2013 (SI 2013/748)
‘any incident, or
pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse
(whether psychological, physical, sexual, financial or emotional) between individuals who are
associated with each other’.
what is needed to receive LA due to DV?
evidence of the violence.
what kind of evidence is acceptable in proving DV?
evidence of an arrest for a domestic
violence offence,
a protective injunction having been made in the past,
or a report from a
health professional that an examination showed injuries/condition consistent with those of a
victim of domestic violence. (Similar prescribed evidence is required to demonstrate that a
child is at risk of abuse.)
family cases within the scope of LA scheme
public law children proceedings
cases involving obtaining protective injunctions (non-molestation, occupation, forced marriage protection)
cases where a child under 18 is applicant, respondent, or joined as a party to the proceedings
cases involving securing an order to prevent unlawful removal of a child from the UK / secure return of a child unlawfully removed from/within the UK
when can a cl be automatically eligible for legal help
if cl is in receipt of certain income benefits
lower family help
covers work done by solicitor up to, but not including, the issue of proceedings - advise cl, draft documentation, write correspondence, negotiate and/or support the cl through mediation
when is lower family help unavailable?
for divorce, or cases where issues relate to child maintenance, and child maintenance service has jurisdiction; cl only requires general advice
when is upper family help justified?
LAA satisfied that it is necessary to litigate / proceedings are already underway, and all reasonable alternatives to litigation have been exhausted
legal help
enables people financial eligible & on merit to obtain initial advice from a solicitor on any question of english law/procedure (very limited steps)
what should cl do where costs are likely to exceed 25k
register with LAA as a very high costs case
when is family help available
only where help required is more than simply taking instructions / providing follow up written/telephone advice
when is lower family help provided
only where client comes within capital/income limits and where benefits to be gained from the help justify likely costs
when is upper family help available
LAA is satisfied that it is necessary to litigate/proceedings are already underway and all reasonable alternatives to litigation have been exhausted
when is higher family help available
financial/children cases (not for free-standing domestic abuse cases -> LR) negotiating settlement,
eligibility for higher family help
cl capital must come within current financial limits- assessed by LAA on the basis of a formal application / funding submitted by solicitor on cl’s behalf
what may be payable on receipt of family higher help
contribution from capital/income
what is legal representation
covers prep and rep at final hearing
application and criteria for LR
same as that of higher family help- must be a demonstrable need for legal representation
what is the effect of LA
solicitor must file original legal aid certificate at court and inform all other parties of the fact that cl is publicly funded by servicing notice of issue certificate
is legal aid free? motel rocks
no- if client benefits financially, any property they receive can be taken by LAA and applied in payment of solicitor’s fees (ie statutory charge)
