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Legal Aid and Public Funding
Here are a few details about public funding and how it works. You can find a solicitor who handles cases on a legal aid basis on the Community Legal Advice website. You may wish to bookmark this site before you do so since not everyone is entitled to legal aid.
What is Public Funding?
Under the public funding scheme the Government may provide money to help pay for your case.
You may be entitled to funding to cover the costs of speaking to a solicitor about your situation and to have a Solicitor write letters on your behalf. This is known as "Legal Help". You will need to be on a very low income or on benefits to get Legal Help.
Full Public Funding
If you need to make an application to the Court you will need to apply for Certificated Legal Aid for which the income and capital limits are greater than for "legal help".
Is Everyone Entitled to Public Funding?
You have to show that you cannot pay for your case, (i.e. that you are financially eligible) and that you have a good case which you are likely to win, (i.e. that your case has a good prospect of success and that the likely compensation or other benefits you will receive by being involved in a court case will exceed the likely costs.)
Even if you are financially eligible and can show your case has good prospects of success the Legal Services Commission can still refuse to grant you public funding if there are alternative forms of funding available to you such as insurance, (in most family cases insurance is not available) using some savings or taking a loan.
How do I Apply?
You will need to attend an appointment with a mediator who will assess whether your case is suitable for mediation, rather than court proceedings. If you do go to court you will need to complete a number of forms which assess your total disposable income and the amount of capital you have. If you are in a new relationship and living with your partner they will have to be assessed too. You can find contact details for mediators and solicitors who handle Legal Aid cases on the Community Legal Aid website.
Statutory Charge
Legal Funding is not free. If you recover or preserve property within the proceedings you may have to pay all or some of your costs back to the Community Legal Service.
This occurs in most matrimonial cases involving property or money, as most cases settle without costs being awarded against the other side. You will keep the first £2,500 of any money or value of property before you pay anything back.
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