Mills Chody - solicitors LLP

 

Help with legal costs

Legal Help is basic initial legal advice, representation or help paid for by the Community Legal Service and which is available to people of limited means, and generally needs to be repaid from the proceeds of any compensation won or asset recovered or preserved. The access to Legal Help has been gradually eroded by government policy over the years and we no longer operate a Legal Help franchise and will only accept instructions from private clients.

However at our initial interview it we will (in most cases) be able to tell you immediately whether you qualify for legal help by asking a few straightforward questions about your means. If we conclude that you do qualify for Legal Help we will introduce you to a n alternative firm of solicitors who may be able to assist or will give you the choice of deciding to instruct us privately.

Legal Help with funding is available to individuals for making or defending a claim in court. To be eligible for a funding certificate you must qualify financially and also have a reasonable case that stands a reasonable chance of success. The limits of financial eligibility are set by the Government and are substantially restricted. We will advise you whether we think you would qualify for a funding certificate depending on your means.

In certain Family cases, the Community Legal Service will require that your case be assessed for mediation. If mediation is considered suitable, the Community Legal Service will pay for this. If it is not, your application for a funding certificate can be processed without the need for mediation.

If funding is approved, a funding certificate will be issued to cover your costs from the date of the Certificate. Any costs incurred prior to the Certificate are your responsibility.

In the event of your case not being successful, you may be ordered by the Court to make a contribution towards your opponent's costs.

If you are successful, your opponent may not be ordered to pay the full amount of your costs or may not be capable of making such a payment. This may have an effect on the amounts that you receive if successful as a result of the 'Statutory Charge'. This is explained in more detail below.

If the Community Legal Service decides that you must make a contribution towards your costs and that contribution is not forthcoming, then the service may revoke your funding so that you will no longer qualify for support in your matter.

Although rare in supported cases, you should bear in mind that the court could direct that you have to pay the costs of the other party if you are unsuccessful.

The Statutory Charge applies where you are successful in receiving or preserving money or property either as a result of settling the case out of court or by way of a Court Order. In this event, the Community Legal Service may require that some or all of your legal costs be deducted from this settlement. How much is deducted will depend on what your opponent is ordered to pay towards your costs. The amount recovered by way of costs from an opponent rarely covers the entire costs involved in preparing the case and the Community Legal Service is entitled to deduct the difference from your award or settlement.

Once you have been granted support you have a duty to disclose any change in your circumstances, including a change of address or financial means. If, while receiving funding, there is any increase in your financial means this may affect the amount of contribution you have to pay towards the cost of your case.

If you are granted an emergency certificate for funding support and this is subsequently revoked once an assessment of your means reveals that you do not qualify for support or if you have failed to provide the Community Legal Service with information requested, you may be required to pay some or all of the costs incurred in preparing your case until the date your emergency funding is revoked.