How to get legal aid removed?

Why were you ordered to pay his costs ?

I understood it that costs in AR were borne by each party and in the case of legal aid, he someone benefits from property or some other asset, they pay the legal aid back ?

Apologies for this simplistic viewpoint but that was my understanding ?

In your case that seems dreadfully unfair and I would certainly have appealed that, in light of of the recent Judgement Kernott V Jones.

It wasnt Ancillary Relief - it was TOLATA.

No idea why I was ordered to pay his costs but told that was the case because he "won" 30%.

Can't go through it all again - so don't want to appeal - deeply traumatised by the whole thing - off work long term because of the stress and effect it has had on me.

What I don't think is fair that you can sue on legal aid and then the solicitors can claim private law rates.

This sounds utterly unjust, I hope someone with some sound legal advice can guide you. xx

No it isnt! Thank goodness that from March 2012 cases like ours wont qualify for legal aid. I have looked in to his circumstances and have found lots of lies and inconsistencies.
I have enlisted the help of my MP, have written to the Minister of Justice, Head of Legal Aid and asked for the case to be looked at via a complaint, accompanied by 100 pages of evidence.
If that doesnt do it, nothing will!

It is sad thaqt common law relationships are not protected by law. Good luck!

I didnt know that. What is also not fair is if you win the case the legal aided person doesnt have to pay costs. I know there are a lot of let down men, but by and large women end up looking after the children. In the case of women who earn their own money its even worse. Legal aid should not be provided for divorce cases!

Camelia, my case hasnt come to that yet. My ex husband is challenging the divorce settlement to say that he doesnt remember signing the agreement/ was harrassed and now poor him only earns 12k. However he claims to live on his own, but spends no money on food, etc and he is obviously living with his girlfriend. So I have asked Legal Aid Commissioner to investigate.

In your shoes I would probably do the same. With regard to him saying he doesn't remember signing the documents, is he saying he didn't have mental capacity at that time ? If this is his defence then he would have to show he didn't have capacity to manage his affairs and I think from what you have said it is very unlikely this is the case.

I wish you well and will be interested to hear how this goes.