notice of discharge of ex's legal aid

Hi guys.
I have been sent a copy of the notice of discharge of my ex's legal aid. It was withdrawn a few months ago, so questions

why have I been sent it?
should I have been sent it sooner?
should I have been sent it at all?




























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To inform you that your ex is no longer entitled to legal aid. This may be due to falling outside the criteria to receive it or that your ex has received advice with which they do not agree and the legal aid won't cover any further representation.

Yes, you should have received it sooner although practically it makes little difference.

Yes, you should have received it.

Charles

Hi, thanks for the reply. There are many reasons of which I am aware of why it would have been withdrawn.
A further question though, is the solicitor required to tell me why she had it withdrawn?

No, it's not always clear why the funding is withdrawn and there is no requirement to share the information if it is available.

It's akin to you asking my mortgage advisor if my application has been successful or not - it's none of your business!

Charles

Hi, thanxs again Charles. I was given a reason for it's withdrawal which makes sense.
What I am thinking now is that it was withdrawn five months ago, we had a hearing stepped down three days before the hearing in between which cost me half my barristers feeso if this goes to a further hearing and the final decision goes in line with my open offer which is based on the opinions of two previous judges from previous hearings will I be able to claim costs from the ex back to the date of withdrawal?
This is by no means a difficult case nor is there much of a pot but there has been no negotiation from t'other side in two years.

Technically, you could claim your costs from the open offer. However, as your ex had legal aid I assume that finances are quite limited in which case your ex will get what is needed.

If that sum is reduced due to a claim for costs, the costs will not be allowed as this would leave your ex with less than is needed.

Note the distinction between what is needed and what is required. A needs-based argument will trump any other argument. For instance, if a party needed a minimum of £100k and they rejected that offer (which was subsequently deemed correct at a final hearing) then ran up £10k of their own costs plus £10k of the other side's costs - you would the court to say, "here's £100k, less £10k which you need to pay towards the other side's costs and you will have to pay your £10k costs out of the remainder".

In reality, a needs-based case would mean that the other side gets £110k, £10k of which they pay their costs, £100k which they 'need' and the other side doesn't get a costs order.

This is an extreme example but with limited finances, the court will make an award to the party with the greatest need even if this is prejudicial to the other party.

There is no harm in asking though.

Charles

Thank you.