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Revoked then discharged

  • Junglecat
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21 Mar 11 #258913 by Junglecat
Topic started by Junglecat
Hi,

could someone please explain the difference between a certificate being revoked and discharged? i understand revoked is a form of punishment and that the costs will have to be repayed, also that discharging a certificate is likely when the client is no longer eligible. does anyone know if the certificate is discharged can the claimant persue the other side to cover the costs of the case?

thanks

  • veryniaive
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21 Mar 11 #258916 by veryniaive
Reply from veryniaive
Hello

A certificate is revoked when the claimant fails to provide the necessary information or when they are falsely claiming legal assistance eg they have not disclosed their full income.

The money is reclaimed as they were not entitled in the first place.... No costs would be awarded for work completed under a fraudulent claim.....

If a certificate is discharged it is becuase the claimant is either no longer eligible due to change in financial circumstances or because proceedings have finished.

If the certificate is discharged then I am not sure what costs you are referring to? If you find that you now have to fund your own solicitor ot would depend on the proceedings. For example, costs are rarely awarded in Family cases.

Peeps will need to know what proceedings you refer to in order to give more detailed advice

Jess

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