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Challenging legal Aid?

  • koeksister
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26 Nov 11 #299645 by koeksister
Topic started by koeksister
Has anyone been successful at challenging legal aid awarded to an ex spouse?
If so how?

  • PinkDuck
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26 Nov 11 #299647 by PinkDuck
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Hi koeksister,

I think this question has been pretty much answered in your previous posts, the legal aid will judge each application on its own merits and not what you think should apply. If your partner can prove what his inome is and qualifies, then thats that really and it just looks like vindictiveness if you try and have it revoked when he actually qualifies for it. (Despite him reducing his hours to fall into the category of being a successful claimant). Sorry!

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26 Nov 11 #299652 by Forseti
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The strict answer to the question would be, "yes", and, "by carefully examining the rules under which legal aid is paid and finding the other party to be in breach of those rules".

I would still advise however, as others have done, that it is a risky strategy and one which could backfire. It is underhand, because it doesn't tackle the dispute head-on, and tries instead to incapacitate your opponent from behind (not the greatest metaphor, but you get the point!).

  • daleray
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26 Nov 11 #299659 by daleray
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Two different solicitors have told me that it is well known that because solicitors get less money per hour for legal aid work they drag it out longer and put more hours in when they are not busy, my ex's sols did this but it also runs up the legal bill for the the person not on legal aid. My ex has just realized that now she has recieved a lump sum she has to pay the £30,000 legal aid bill or have a charge put on her house.

  • Fiona
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26 Nov 11 #299660 by Fiona
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I've heard that rumour too, but in my experience there are fewer solicitors taking on legal aid and those that do these days are usually busy enough in family cases without making cases drag on longer than necessary.

  • koeksister
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26 Nov 11 #299675 by koeksister
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Thank you for the answers. It is important to respond not with emotions but also as tax payers.

When the Legal Aid Reform bill is passed, family law will not be included. This is because of the following:
1. Legal Aid relies on Barrister's opinion and the latter then takes on the case. This means that this Barrister is not impartial.
2.The claimant adapts his situation so he claim Legal Aid.
3. Legal Aid solicitors put in more hours and therefore it becomes very expensive for the opposing side.
4. Lastly a case without merit makes it to court.

These are the facts. Standing up for what is right may be seen as vindictive but I am prepared to take the risk and would encourage others to do so as well.

My member of parliament didn't think I was being vindictive and is supporting my case.

  • daleray
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26 Nov 11 #299689 by daleray
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We all learn in the end that the system is corrupt, but by that time we are all broke and have no confidence left, good on you for standing up for what you believe in. I wish I could get some back up for all the crap i've had to put up with but when I mention a corrupt judge everyone goes quiet.

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