Legal Aid Availability

In April 2000 Legal Aid became known as the Community Legal Service Fund (CLS Fund for short) and what was formerly known as Legal Aid Advice and Assistance became known as Legal Help.  What was formerly Legal Aid became known as Legal Representation.

For all types of legal aid covered by this note, you will have to be financially eligible.  Even if you are financially eligible, depending upon the type of case it is, you may not get state funding.

Legal Help (Advice & Assistance)

Legal Help is still available for claims against the Criminal Injuries Compensation Authority, for employment cases and for some general litigation claims. This is available for people on low income.  We can assess eligibility and make this form of legal help available to you.  It is generally limited to cover basic advice only.  If a claim is successful and you ultimately recover compensation, you may have to repay out of your compensation the costs claimed under legal help.  For medical negligence, and personal injury claims, see below.  These must be of sufficient benefit to you to justify the expense of public funds.  Legal Help is available to cover claims based on allegations of sexual assault and claims based on allegations of abuse of a child or vulnerable adult.

Legal Representation

Legal Representation is not available for Criminal Injuries Compensation Claims and most employment claims.  Legal Representation is not  generally available for personal injury claims except clinical negligence and claims against a public authority alleging serious abuse of rights.  The following types of case are excluded from Legal Representation (and from Legal Help):-

• All personal injury claims unless an exception applies
• Boundary disputes
• Matters of trust law
• Defamation and slander cases
• Company and partnership law and any matter arising out of the carrying on of a business
• Conveyancing disputes
• Dispute regarding a Will

Even if you are financially eligible for state funded Legal Representation, and your case is not one of the excluded cases listed above, the Legal Services Commission can still refuse to help you if :-

1. Your case is highly likely to succeed and would therefore be appropriate for funding under a no win no fee agreement (see below).
2. It does not satisfy something called the “costs/benefits test”. If a case has a fifty to sixty percent chance of success, the “costs/benefits test” is satisfied if compensation exceeds costs by a factor of four.  For cases having a sixty to eight percent chance of success, the “costs/benefits test” is satisfied if the compensation exceeds the costs by a factor of two.  If the prospects of success are eighty percent or more the “costs/benefits test” is satisfied if compensation simply exceeds costs.

There are a number of exceptions to these restrictions.

1. Cases involving serious wrongdoing against a public authority.
2. Clinical Negligence. Many people do not qualify financially for CLS Funding (legal aid) and we fund such claims without resort to the Community Legal Service Funding Scheme. Some of our clients prefer this alternative method of funding to state assisted funding. If you require state assisted funding, we can provide you with the name and address of another firm of solicitors.  Legal aid is still available for clinical negligence work.
3. This applies to housing and family cases.  Please ask for more information, if you feel you have a housing or family case which needs funding.
4. Mixed Cases.  This exception applies where some services are fundable and some are not.
5. Cases with a significant wider public interest.
6. Very expensive cases – a decision is made individually by the Legal Services Commission.
7. Mental Health cases.
8. Cases where it would be practically impossible to proceed with the case without representation or there would be unfairness.
9. Claims based on an allegation of sexual assault or on the abuse of a child or vulnerable adult.

Even if you obtain a Legal Representation Certificate you may have to pay a monthly contribution until the case finishes. If you win, some or all of your costs may be recoverable from your opponent. The amount recoverable depends upon the value of the claim and the amount and type of work done.  A greater percentage of costs are recoverable the less work is done.  Legal fees and expenses which cannot be recovered are normally payable out of your contribution or out of your compensation or both.  This is known as the statutory charge. If you lose a state funded case, it is unlikely that you will have to pay your opponents legal fees whilst you were state funded, unless you ask us to conduct the case unreasonably.

Advice

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