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Going to Court
Before taking a complaint as far as court you should always seek legal advice. You can obtain free legal advice from organisations such as Law Centres or from solicitors who offer a free initial first interview, usually lasting 30 minutes.
If you cannot afford to pay a solicitor, you may be eligible for Public Funding (formerly known as Legal Aid). The Community Legal Services Fund is the scheme for providing public funding to financially eligible people with legal problems other than criminal matters. The Legal Services Commission, which took over from the Legal Aid Board, is in charge of administering the Community Legal Services Fund.
Solicitors and advisers who can provide publicly funded advice will have a Community Legal Services Quality Mark that shows they have reached an approved standard. You can obtain details of all Community Legal Services advisers, including areas of specialisation, from their helpline on 0845 608 1122 or by using the CLS website: www.clsdirect.org.uk
You may be entitled to Public Funding just to obtain advice from a solicitor and to have a solicitor write letters on your behalf. This is known as 'Legal Help'. You may also be entitled to Public Funding for your solicitor and/or a barrister to represent you in court. For this you will need a 'Legal Representation Certificate'. Your solicitor will need to apply for this on your behalf.
All applications for Public Funding are tested according to your income, so if you are on a low income with little capital, you will probably be entitled to Public Funding. In some cases, even if you are financially eligible, the Legal Services Commission may decide that you should make a contribution (usually paid monthly) toward the costs of your case. The Community Legal Services website has an online calculator that will help you work out whether you are eligible or not. The value of your home can be taken into account in some situations.
Even if you qualify financially for Public Funding, you will also need to satisfy the merits test. In other words, the Legal Services Commission needs to be satisfied that your case has a good chance of success before it will grant Public Funding. Sometimes your solicitor can make this assessment or he or she may need to obtain specialist advice from a barrister to support your application.
If you are successful with a case funded by the Community Legal Service, you may be asked to pay some or all of the money back. This is called the Statutory Charge. You should make sure your solicitor has explained this to you. You may be able to come to a No Win - No Fee agreement with your solicitor. This means that you will not be charged for services unless a minimum agreed result is achieved in your case. Obviously it is important that you are both clear on what has been agreed between you. You may also be able to take out insurance to cover your legal costs in the result of an unsuccessful action.
If you have difficulty obtaining representation some organisations such as the Bar Pro Bono Unit or the Free Representation Unit do provide free representation in some cases.
The Bar Pro Bono Unit can be contacted at:
Bar Pro Bono Unit
6 Gray’s Inn Square
Gray’s Inn
London WC1R 5AZ
Tel: 0207 831 9711
enquiries@barprobono.org.uk
You cannot approach the Free Representation Unit directly but you can ask your local Citizen’s Advice Bureau to do this on your behalf.
If you cannot afford to pay a solicitor, you may be eligible for Public Funding (formerly known as Legal Aid). The Community Legal Services Fund is the scheme for providing public funding to financially eligible people with legal problems other than criminal matters. The Legal Services Commission, which took over from the Legal Aid Board, is in charge of administering the Community Legal Services Fund.
Solicitors and advisers who can provide publicly funded advice will have a Community Legal Services Quality Mark that shows they have reached an approved standard. You can obtain details of all Community Legal Services advisers, including areas of specialisation, from their helpline on 0845 608 1122 or by using the CLS website: www.clsdirect.org.uk
You may be entitled to Public Funding just to obtain advice from a solicitor and to have a solicitor write letters on your behalf. This is known as 'Legal Help'. You may also be entitled to Public Funding for your solicitor and/or a barrister to represent you in court. For this you will need a 'Legal Representation Certificate'. Your solicitor will need to apply for this on your behalf.
All applications for Public Funding are tested according to your income, so if you are on a low income with little capital, you will probably be entitled to Public Funding. In some cases, even if you are financially eligible, the Legal Services Commission may decide that you should make a contribution (usually paid monthly) toward the costs of your case. The Community Legal Services website has an online calculator that will help you work out whether you are eligible or not. The value of your home can be taken into account in some situations.
Even if you qualify financially for Public Funding, you will also need to satisfy the merits test. In other words, the Legal Services Commission needs to be satisfied that your case has a good chance of success before it will grant Public Funding. Sometimes your solicitor can make this assessment or he or she may need to obtain specialist advice from a barrister to support your application.
If you are successful with a case funded by the Community Legal Service, you may be asked to pay some or all of the money back. This is called the Statutory Charge. You should make sure your solicitor has explained this to you. You may be able to come to a No Win - No Fee agreement with your solicitor. This means that you will not be charged for services unless a minimum agreed result is achieved in your case. Obviously it is important that you are both clear on what has been agreed between you. You may also be able to take out insurance to cover your legal costs in the result of an unsuccessful action.
If you have difficulty obtaining representation some organisations such as the Bar Pro Bono Unit or the Free Representation Unit do provide free representation in some cases.
The Bar Pro Bono Unit can be contacted at:
Bar Pro Bono Unit
6 Gray’s Inn Square
Gray’s Inn
London WC1R 5AZ
Tel: 0207 831 9711
enquiries@barprobono.org.uk
You cannot approach the Free Representation Unit directly but you can ask your local Citizen’s Advice Bureau to do this on your behalf.
