Sunday, September 13, 2009
There are three forms of legal aid provided for by the Legal Aid Act 1988. The scheme, which is government-funded, is adminstered through a number of area managers and committees. For each type of legal aid there are standard application forms to be submitted by a solicitor to the local legal aid office.
Legal aid and advice (the "Green Form scheme")
This is a scheme allowing two hours’ worth of legal advice on any legal issue. It is normally used for giving initial advice to a client and perhaps the drafting of simple documents to start proceedings. It can also be used to take steps to apply for full legal aid. It does not cover representation in court.
The scheme is available to persons over the age of 16 but is means-tested (if eligible, then it always covers 100% of the costs - there is no contribution from the client and the solicitor claims directly from the area board). Eligibility does not depend on the merits of the case - one of its main uses is for assessing the merits of a case
Legal aid ("full legal aid")
Full legal aid is available for most civil proceedings provided the amount in dispute is over £3000. Full legal aid is akin to a conditional loan of money rather than an outright gift. The Legal Aid Board (LAB) makes an assessment based on
the merits test - the likelihood of winning the case - the person must show grounds for involvement in the action and a reasonable prospect of success
the means test - based on income and capital possessed by the applicant
If the client wins the case, the legal costs the LAB has paid to the lawyers can be recovered from the losing party. But if there is a shortfall, then the beneficiary of legal aid will have to pay costs of of the damages recovered in the case. The client may also, depending on menas, have to make a contribution in any event. If the cleint in fact loses the case, then it is unlikely that a costs order will be made (except for any initial contribution).
Advice by way of representation (ABWOR)
This is limited to certain forms of hearings not covered by full legal aid, including certain tribunal hearings
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