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Legal aid?

  • angelaconmersa
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27 Oct 11 #294849 by angelaconmersa
Topic started by angelaconmersa
Hi, Does anyone know if it is possible to find out if the other party is having legal aid?
I would appreciate if someone could let me know.

Thank you

Angela

  • .Charles
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27 Oct 11 #294853 by .Charles
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It depends upon what stage you have reached and if you have instructed your own solicitor. The solicitor acting under a public funding certificate would normally serve a 'notice of issue of public funding' which gives the other party notice that a public funding certificate is in place.


Charles

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27 Oct 11 #294860 by angelaconmersa
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Thank you. My partner went to court in the beginning of the year to obtain a contact order. At that point he self rep and we never heard from his ex solicitor in regards to legal aid. She has been using this solicitor since then and now my partner has to go back to court for an enforcement order. We are filing papers tomorrow and serve them as well. If she is having legal aid is there any obligation for her solicitor to let us know? The same way if he is working for free, for whatever reason, do we have to be notified?

Thank you

Angela

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27 Oct 11 #294874 by stepper
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I think if legal aid has been granted, the solicitor from the other side has to inform you or your solicitor. My understanding is that you can also contact the Legal Services Commission to confirm or refute this.

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27 Oct 11 #294877 by angelaconmersa
Reply from angelaconmersa
Thank you for your help. I am under the impression if 2 solicitors are appointed then this information has to be disclosed, I was just not sure if when you self rep the case is the same. I will try and contact the Legal Commission and see if they can help.

Once again, thank you.

Angela

  • .Charles
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27 Oct 11 #294900 by .Charles
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You are better off asking the solicitor - the LSC will need a reference number and without that they will refer you to the Data Protection Act and nothing else.

When asking the solicitor you should say "please confirm that your client does not receive public funding and if he does, please provide a notice of issue of funding as you are required to do".

Charles

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27 Oct 11 #294902 by angelaconmersa
Reply from angelaconmersa
Hi Charles,

Thank you so much this is very helpful.

I will e mail them tomorrow and hopefully they will let me know.

Kind Regards,

Angela

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