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| Information
sheets |
| EMERGENCY
PUBLIC FUNDING (Legal Aid) INFORMATION SHEET |
Usual
Eligibility
Usually you must satisfy two requirements before
you can be granted a Civil Public Funding Certificate
(a Full Certificate):
1. Your case must merit Legal Aid.
2. You must be financially eligible.
Emergency Certificate
However, the Legal Services Commission will grant
a certificate on an emergency basis (an emergency
certificate) where circumstances justify, e.g. to
apply for an injunction following violence. In other
words, the merit requirement (see above) has been
satisfied, but not the financial eligibility requirement.
Financial Assessment
Nevertheless, financial eligibility must still be
assessed and a full certificate granted before the
position is properly finalised. Even though you
have been granted an emergency certificate, you
must supply all required financial information to
enable financial eligibility to be assessed. Failure
to do so can have expensive consequences (see the
next section).
Failure to Co-Operate
If you fail to respond to requests for financial
details either from ourselves or the Legal Services
Commission, this will lead to revocation of the
emergency certificate. Where the emergency certificate
is revoked, we can still claim the costs which we
have incurred from the Public Fund. However, the
Fund will then look to you to pay back the costs
personally. In other words, revocation of the emergency
certificate will make you personally liable for
the costs. This is a result to be avoided by all
necessary effort on your part!
Non-Eligibility
The financial assessment may result in you being
found ineligible for Public Funding. If this happens,
the consequences are much the same as described
above in relation to revocation of the emergency
certificate. We will claim our costs from the Public
Fund but you will then have to repay all the costs
to the Fund.
Full Certificate
A separate information sheet explains various matters
relating to a full certificate. When you have been
granted a full certificate, you should refer to
this separate sheet for further information. |
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