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How to get legal aid removed?

  • .Charles
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08 Dec 11 #301228 by .Charles
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1. The solicitor will make the application if instructed to do so. However, they have to indicate what the chance of success is likely to be and complete a costs/benefit matrix to demonstrate if it is reasonable for the public purse to fund the proposed course of action.

2. Yes, a statement of case is usually provided along with financial documents to demonstrate eligibility.

3. No. Speaking to a person when contacting the LSC is matter of luck - being put through to the right person is also down to chance.

4. No - see 4.

5. See 1. The solicitor has to present the case, warts and all. It is the LSC that decides whether to fund the case or not.

Charles

  • koeksister
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08 Dec 11 #301254 by koeksister
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Charles
Thanks so much. What happens if the solicitor does not present it warts and all?

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09 Dec 11 #301364 by .Charles
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If public funding is obtained under false pretences it will be revoked as soon as the inaccuracy in discovered. When public funding is revoked the previously assisted person will have to pay back any costs that have been incurred under the public funding certificate.

A double-whammy is that the solicitor can recover the difference between legal aid rates and market rates from the now-unassisted client. this can triple the amount due.

At the point of recovation any costs protection enjoyed under a public funding certificate is lost which means that the other side can seek and enforce a costs order if this is appropriate.

So, it is important to be completely honest on a public funding application.

Charles

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09 Dec 11 #301368 by koeksister
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Charles you are such a lovely human being! Thank you so much!!!! You have made my day because he is lying and he will have his certificate revoked.

As soon as everything happens, I will post the conclusion as well as what steps I have taken so that it may help others seeking the same result.

A Fantasist just cant help tell lies especially when he is hell bent on destabilising the other partner. Virtual Champagne on its way to you!!!!
:woohoo:

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