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England
Legal system Help with legal costs
Legal system - In England
Help with legal
costs
This information
applies to England and Wales
* Publicly-funded
legal services
* The legal
help scheme
* The help
at court scheme
* Controlled
legal representation scheme
* Publicly-funded
legal representation
* Legal aid
for criminal proceedings
* Other sources
of legal help
Publicly-funded legal services
If you need
help with legal costs you may be able to receive some help through
publicly-funded legal services. These legal services are organised
by the Legal Services Commission (LSC). They are provided in the
following ways:-
* the legal
help scheme (see under heading The legal help scheme)
* the help at court scheme (see under heading The help at court
scheme)
* the controlled legal representation scheme (see under heading
Controlled legal representation scheme)
* publicly-funded legal representation (see under heading Publicly-funded
legal representation).
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The legal help
scheme
The legal help
scheme, allows people with a low income to get free legal advice
and assistance from a solicitor or other organisation. The solicitor
or organisation has to have a contract with the Legal Services Commission
(LSC) to be able to provide legal help under this scheme.
What sort of
help does the scheme cover
The legal help
scheme covers help from a solicitor including general advice on
any legal problems, writing letters, negotiating, getting a barrister’s
opinion and preparing a written case for a tribunal.
The scheme does
not pay for being represented by a solicitor in court or at a tribunal,
(although the help at court scheme, the controlled legal representation
scheme or the publicly-funded legal representation might).
The scheme may
cover the costs of mediation. Mediation is a process of negotiation
where the parties are helped by a neutral mediator to find a solution
acceptable to both of them.
Legal problems
covered by the scheme
The legal help
scheme covers advice on general legal problems including advice
on the following:-
* maintenance
or disputes over children and undefended divorce.
* conveyancing necessary to carry out a court order or following
a divorce settlement or legal separation
* contested adoptions
* preparing for tribunals, for example, employment tribunals (for
unfair dismissal) or unified appeal tribunals (for benefits appeals),
but not representation at the tribunal itself
* making a will if you are seventy or over or you are disabled,
or you are a parent making provision for a disabled child or you
are a single parent appointing a guardian
* medical negligence cases or cases where personal injury arises
from an assault or deliberate abuse.
For your case
to qualify for the legal help scheme, there are two criteria that
must always be met:-
* help will
be provided only where it can be shown there is a benefit to you
* help will be provided only if it is reasonable for the matter
to be funded.
In addition
to these criteria, there may be other criteria applied, depending
on the nature of the case, for example, if the case is about possession
of your home, legal help will be refused if the prospects of avoiding
possession are poor.
What are the
financial conditions for the scheme
If your gross
monthly income (excluding some social security benefits) is over
£2,288 you will not be eligible for the legal help scheme.
If you have more than four children, this limit goes up by £145
for the fifth and each additional child.
Capital
If you have
capital of over £8,000, you will not be eligible for help
under the legal help scheme. If you have capital of over £3,000,
but under £8,000, you may be entitled to help, but may have
to pay a contribution.
Income
If you are claiming
income support, income-based jobseeker’s allowance or the guarantee
credit of Pension Credit, you will be considered to have an income
within the limits to qualify for the legal help scheme.
If you are not
receiving income support, income-based jobseeker’s allowance
or the guarantee credit of Pension Credit, eligibility will depend
on disposable income. So, if you are receiving any other benefits,
whether or not you are eligible for legal help will depend on your
income.
Disposable income
is the amount of income you have after deductions have been made
for national insurance, tax and dependants’ allowances. A deduction
will be made from your weekly income for any dependent partner or
children living in the your household. To qualify for the legal
help scheme, your disposable monthly income cannot be more than
£632.
If you have
a partner, your partner’s income and capital may also be taken
into account, except where this is inappropriate, for example, where
there is a conflict of interest between you and your partner.
More information
If you want
more information on financial eligibility, visit the Legal Services
Commission website, where there is a leaflet called 'A practical
guide to Community Legal Service funding by the Legal Services Commission'.
The address is:- http://www.legalservices.gov.uk/public/help/leaflets.asp.
Extra costs
you may have to pay
In some cases,
your solicitor's costs may be taken from any money or property you
are awarded in court, and you will receive what's left. This deduction
is called the statutory charge. However, the charge need not be
deducted if your solicitor believes this would cause you grave hardship
or distress. The statutory charge may also not be deducted if the
solicitor or organisation believes it would be too difficult to
enforce the deduction.
If the statutory
charge has to be paid, payment can be postponed if the charge relates
to your home or the home of your dependants. The statutory charge
can also be postponed where it is to be paid out of money which
is to be used to buy a home for yourself or your dependants. Your
solicitor will give you more information about the effects of the
statutory charge before you decide to go ahead with your case.
How to apply
If you qualify
for the legal help scheme, you will need to see a solicitor, or
organisation with a contract to provide legal help under the legal
help scheme. The solicitor will ask you to fill in an application
form at the start of the interview. The solicitor will then be able
to decide whether you qualify.
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The help at
court scheme
In some cases,
the Legal Services Commission (LSC) will pay for you to have a solicitor
or representative in court. These are cases where there is no real
defence, but where you need help to present issues to the court.
Examples of cases where help at court could be given include:-
* a debt case
where the only issue is when and how the debt is to be paid
* where there is a dispute about the amount of rent or mortgage
and the lender or landlord has taken legal action to repossess the
property.
You must meet
certain financial conditions to be eligible for the help at court
scheme. These conditions are the same as for the legal help scheme
- see under heading The legal help scheme. There are other conditions
you must also meet. Help will be provided only:-
* where it
can be shown that representation is appropriate and of real benefit
to you
* if it is reasonable for the matter to be funded
* if it is considered to be cost-effective to attend the hearing,
rather than simply writing a letter on your behalf.
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Controlled legal
representation scheme
The controlled
legal representation scheme means that free representation can be
given if you are:-
* appearing
before a Mental Health Review Tribunal. There are no financial eligibility
limits; or
* appearing before an Asylum and Immigration Tribunal.
There are specific
criteria which must be met. These will depend on what sort of case
it is.
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Publicly-funded
legal representation
Publicly-funded
legal representation provides publicly funded legal services for
all the work leading up to and including representation by a solicitor
or barrister in civil court proceedings.
The granting
of publicly-funded legal representation generally depends on whether
you have income and capital within specified limits (except in certain
cases involving children). Even if you are granted publicly-funded
legal representation, you might have to contribute towards the costs.
Being granted
publicly-funded legal representation also depends on whether your
case meets certain other criteria. This includes whether the Legal
Services Commission (LSC) considers it reasonable to fund the case.
There are different
forms of publicly-funded legal representation and the type of help
required will depend on the type of case and the work required to
help resolve the case.
For more information
about the different types of publicly-funded legal representation
you should contact your local Citizens Advice Bureau. To search
for details of your nearest CAB, including those that can give advice
by e-mail, click on nearest CAB.
Which courts
are covered by publicly-funded legal representation
The most common
courts which are covered are:-
* county courts
(except cases allocated to the small claims track)
* magistrates’ courts - for civil proceedings such as matrimonial
cases
* the High Court and Court of Appeal
* appeals to the House of Lords.
Publicly-funded
legal representation does not cover representation at a coroner’s
court or at most tribunals except for:-
* the Employment
Appeal Tribunal
* Lands Tribunals.
Which cases
are covered by publicly-funded legal representation
Examples of
cases covered publicly-funded legal representation:-
* housing -
including eviction, repairs, rent arrears etc.
* debts - to recover debts by going to court
* consumer problems - compensation for faulty goods or services
* employment – appeals to the Employment Appeal Tribunal from
the Employment Tribunal but not representation at the Employment
Tribunal itself
* appeals to the High Court from tribunals such as appeals from
Social Security Commissioners’ decisions and High Court immigration
appeals.
Personal injury
cases are not generally covered by publicly-funded legal representation
because, for cases such as these, you are expected to enter into
a conditional fee agreement with a solicitor (see under heading
Other sources of legal help). However, if the overall costs are
expected to be unusually high, some publicly-funded legal representation
may be available.
For more information
about conditional fee agreements and publicly-funded legal representation
for personal injury cases, contact a Citizens Advice Bureau. To
search for details of your nearest CAB, including those that can
give advice by e-mail, click on nearest CAB.
Publicly-funded
legal representation may cover the costs of non-family mediation
as well as those of court proceedings. Mediation is a process of
negotiation where the parties are helped by a neutral mediator to
find a solution acceptable to both of them. Work in relation to
mediation will be paid for only if it is considered to be reasonable.
Some family
cases will be considered more suitable for family mediation through
publicly-funded legal representation rather than publicly-funded
legal representation being made available for court proceedings.
What are the
financial conditions
If you are getting
benefits
If you are on
income support, the guarantee credit of Pension Credit or income-based
jobseeker's allowance, you will qualify for free publicly-funded
legal representation. If you are not getting one of these benefits,
you have to meet capital and income conditions.
Capital
You will qualify
for free publicly-funded legal representation if you have capital
of under £8,000 and also meet income conditions. If you have
capital over £8,000, you will not be able to get publicly-funded
legal representation. If you have capital between £3,000 and
£8,000, you will have to pay anything over £3,000 as
a contribution to costs. If you have a partner, your partner’s
capital will also be taken into account unless there is a conflict
of interest between the two of you.
Income
If your gross
monthly income is over £2,288, you will not qualify for publicly-funded
legal representation. If your gross monthly income is £2,228
or less you will qualify as long as your monthly disposable income
is not more than £632. Disposable income is the amount that
you have after deductions have been made for national insurance,
tax, rent, certain other necessary expenses and allowances for dependants.
If you have a monthly disposable income of £273 or more, you
will have to pay a monthly contribution. If you have a partner,
your partner’s income will also be taken into account except
where this is inappropriate, for example, where there is a conflict
of interest between the two of you.
For more information
on financial eligibility, visit the Legal Services Commission website
where there is a leaflet called A practical guide to Community Legal
Service funding by the Legal Services Commission. The address is:-
http://www.legalservices.gov.uk/public/help/leaflets.asp.There is
also an on-line calculator, which can help you work out if you may
be entitled to publicly-funded legal representation, on the Community
Legal Services website at: www.clsdirect.org.uk.
Extra costs
you may have to pay
If you are awarded
money or property as a result of work carried out through publicly-funded
legal representation, your solicitor’s costs may be taken from
the award and you will receive what is left. This deduction is called
the statutory charge. In some cases, however, this statutory charge
will not be taken from the award, for example, in family mediation
cases or if the money is for maintenance.
If the statutory
charge has to be paid, payment can be postponed if the charge relates
to your home or the home of your dependants. The statutory charge
can also be postponed where it is to be paid out of money which
is to be used to buy a home for yourself or your dependants. Your
solicitor will give you more information about the effects of the
statutory charge before you decide to go ahead with your case.
If you receive
publicly-funded legal representation and you lose the case, you
may be ordered to pay the legal costs of the other side if the court
considers this would be reasonable.
How to apply
You should apply
through a solicitor who does publicly-funded legal representation
work. The solicitor will ask you to fill out an application form,
which includes details of your income and capital. The solicitor
will then send the form to the LSC, which will assess your financial
eligibility for publicly-funded legal representation. To find a
solicitor who does publicly-funded legal representation work, you
can use the Community Legal Services Directory.
If publicly-funded
legal representation is granted but you are also required to pay
a contribution, the contributions must be paid monthly, for as long
as the case lasts.
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Legal aid for
criminal proceedings
For cases involving
criminal proceedings you may be eligible for help through legal
aid. This could cover the cost of representation by solicitors or
barristers, and for bail applications. Getting criminal legal aid
depends mainly on whether it is ‘in the interests of justice’
that you are legally represented.
Criminal legal
aid does not cover you if you bring a criminal prosecution yourself.
Which cases
are covered by criminal legal aid
Criminal legal
aid is usually granted in the following cases:-
* if you are
likely to go to prison if convicted
* if you are likely to lose your job if convicted
* if you cannot follow what is happening in the trial because of
mental or physical disability or language problems
* where children are involved in care proceedings, an application
for a contact order (if they are the subject of a care order), or
adoption proceedings in the magistrates’ courts
* to children or their parents, if a child is charged with or convicted
of a criminal offence
* for appeals against criminal court decisions
* contempt of court proceedings.
Minor offences
such as motoring offences are not usually eligible for criminal
legal aid.
How to apply
You can obtain
forms from the court dealing with the case. These should be returned
to the court which will decide whether to grant criminal legal aid.
For more information,
visit the Legal Services Commission website, where there is a leaflet
called A practical guide to Criminal Defence Services. The address
is:- http://www.legalservices.gov.uk/public/help/leaflets.asp.
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