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Effective Date - Legal Aid

  • Anna1974
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11 Mar 11 #256756 by Anna1974
Topic started by Anna1974
Hi

I have been helping my partner with her divorce from her husband for a couple of years. We have the FDR hearing next week although it is not going to be a proper FDR as there is so much information missing from my partners husband ( bank statements, share info, etc etc . Our solicitor wants the hearing to go ahead so that the Judge can order that all of the missing documents are provided with a possible penal notice being issued. We will still have a barrister and so will be a very expensive day ! I have been funding this personally up until now but was made redundant three months ago and applied for legal aid two months ago. Our solicitor says that our application has been approved but is not yet finalised and so I will have to pay as a private client at the moment including the costs of the hearing next week.Our solicitor says that emergency funding won't be approved as my partner is the Applicant in the matter. Is it possible to have the legal aid back dated to cover these costs as I cannot afford to pay these costs anymore ??
All advice very much appreciated.

  • dukey
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11 Mar 11 #256758 by dukey
Reply from dukey
I assume your solicitor has already filed a statement of deficiencies regarding the missing information, if so why not adjourn the hearing and ask instead for a Directions hearing where your solicitor can ask the information be ordered with an attached penal notice.

Legal aid certs are active from the date of approval but no they are not backdated, some solicitors will work once the cert is approved even if they don`t actually have it others wont.

Seems excessive to attend FDR with counsel in the knowledge it will probably be adjourned, directions is the cheaper option and would buy you time for the cert.

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