Funding Information Sheet
Public Funding, Family / Matrimonial
As you are already aware you have been granted a Public Funding Certificate to cover representation in these proceedings. This is a form of Legal Aid that will fund the costs of the legal advice and representation that you will receive in respect of your family/matrimonial matter and also the associated expenses known as “disbursements”.
This Information Sheet will provide specific information about this level of funding, any limitations to it, your obligations and other important information. This Information Sheet should be read in conjunction with the Client Care Letter and our leaflet explaining the Statutory Charge that you will have also received. You should keep this Information safe as you may need to refer to it in the future.
If your case is urgent, it is likely that you will have been granted an emergency public funding certificate using “delegated functions”. This allows emergency representation and is usually limited to the first hearing or initial steps. It is used where the case is so urgent that the issues cannot wait. Thereafter the Legal Aid Agency (the LAA) will assess your eligibility for funding and determine whether you are eligible for continued funding. You may be assessed as having to pay a contribution towards your funding and in such cases the LAA will make you an offer of funding. Where an emergency certificate has been granted using delegated functions, you must accept the offer of funding and return it to the LAA with your first month’s contribution payment. If you do not, the emergency certificate will be revoked and you may be left responsible for the costs incurred.
As you have been granted a public funding certificate you have a duty to disclose any change in your circumstances, including a change of address or financial means. If there is any increase or decrease in your financial means during the time you are in receipt of Public Funding, this may affect the amount of contribution you have to pay towards the cost of the case. As soon as there is any change in your circumstances, you should inform the LAA and us in writing.
Once the certificate has been issued, if you are obliged to pay a contribution, it is important that this is paid promptly to the LAA or your Public Funding certificate may be revoked and you will then be personally liable for the payment of all costs that have been incurred under the certificate. Alternatively, your certificate may be discharged.
If your certificate is revoked (for example because you are granted an Emergency Public Funding certificate and once an assessment has been made, it is found that you do not qualify for public funding or you have failed to provide the LAA with information that they have requested) you will be deemed never to have had the benefit of Public Funding in this case and you may be required to pay some or all of the costs incurred in preparing your case up to the date your certificate is revoked.
If your Public Funding certificate is discharged you will cease to have the benefit of Public Funding from the date of discharge but you will not be liable for our costs and will only be liable for your Public Funding contribution throughout the period you had the benefit of Public Funding.
Once the certificate has been issued, if you are obliged to pay a contribution, it is important that this is paid promptly to the LAA or your Public Funding certificate may be revoked and you will then be personally liable for the payment of all costs that have been incurred under the certificate. Alternatively, your certificate may be discharged.
In addition, in order to receive public funding, the “merits” of your matter were also assessed. This means assessing whether there is a reasonable chance of you succeeding and whether it is worth the time and money needed to succeed. It also requires you to conduct the case in a way that is reasonable. If at any time we believe that you are not doing so, or that you have been untruthful, we have an obligation to report this to the LAA who may discharge or revoke your certificate.
A costs estimate has been provided to you on the accompanying letter. This is not a request for payment but it is a requirement that we provide you with this information as there are certain circumstances when you will have to repay some or all of the costs covered under your public funding certificate. This is referred to as the “statutory charge” and is explained to you in detail separately on the Funding Information Sheet entitled “Statutory Charge”.
If we recover or preserve money or property for you (either as a result of settling the case or as a result of a Court Order), the LAA may require that some or all of your legal costs be deducted from this. The amount to be deducted (if any) will depend on the amount your opponent pays towards your costs. The amount recovered by way of costs from an opponent rarely covers the entire costs in preparing the case.
Alternatively, the opponent may not be ordered to pay anything. The LAA is entitled to deduct the difference from your award or settlement. This deduction is called the “statutory charge”.
If property is preserved, then the LAA may postpone the charge and place a charge (i.e., mortgage) on your property and register such charge against the property. This will have to be repaid with interest before or at the time the property is disposed of. Under certain circumstances, the LAA will consent to transfer that charge from the property to another property to enable you to purchase another house.
The Public Funding certificate only covers those costs incurred on your behalf and does not cover any costs which may be ordered against you. It is unusual for costs to be awarded and enforced against a person who has a Public Funding certificate but, if you do lose, the Court does have the power to make an order for costs against you.
There is a limit on the amount of work that can be done for you under this certificate in terms of both costs incurred and scope i.e., what stage the proceedings are at. This limit will have been explained to you on the letter that accompanies this Information Sheet. An application can be made to the LAA to extend that limit if necessary.
Because of the effects of the statutory charge, we will write to you at 6 monthly intervals advising you about the costs incurred.
Our charges are calculated mainly in respect of time spent dealing with your matter. Time spent will include meeting with you and perhaps others; considering, preparing and working on documents and other paperwork; correspondence; making and receiving telephone calls; etc.
The hourly rate applied to public funding work is dependent upon which Court is dealing with the proceedings, or if no proceedings are issued the Court in which the matter would have been issued, and the activity carried out. The rates are set out on the table below. The work carried out on your behalf under your Public Funding Certificate will be charged for each hour or part of an hour (in six minute units) for the work that we carry out. Routine letters written and received and routine telephone calls both made and received will be charged per item as below. Non routine letters and telephone calls will be charged on the basis of the time spent dealing with them.
VAT will be added to all charges at the appropriate rate which is currently 20%.
| Activity | County Court and Magistrate Court | Higher Court |
|---|---|---|
| Preparation and attendance | £54.90 per hour | £65.75 per hour |
| Attendance at Court or conference with Counsel | £32.40 per hour | £37.13 per hour |
| Advocacy | £56.70 per hour | £65.75 per hour |
| Travelling and waiting time | £27.90 per hour | £32.18 per hour |
| Routine letters out | £5.40 per hour | £6.35 per hour |
| Routine letters received | £2.70 per hour | £3.15 per hour |
| Routine telephone calls | £5.40 per hour | £6.35 per hour |
