Legal aid definition

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CFA checklist—non-personal injury agreements

CFA checklist—non-personal injury agreements A: General requirements Complete section A for all conditional fee agreements (CFAs) except for personal injury or clinical negligence CFAs which are subject to a separate checklist. If you answer ‘no’ to any question, the CFA you are proposing may be unenforceable and/or you may breach the SRA’s regulatory regime. Requirement Compliant Additional information Agreement is in writing Yes/No The agreement must be in writing CFA relates to advocacy or litigation services Yes/No You can only have a CFA for advocacy or litigation services. CFA does not relate to criminal proceedings, apart from proceedings under section 82 of the Environmental Protection Act 1990 Yes (it does not)/No (it does) CFA does not relate to family proceedings Yes (it does not)/No (it does) Family proceedings are proceedings as listed in section 58(A)(2) of the Courts and Legal Services Act 1990 You are satisfied the CFA is suitable for the client's needs and take account of their best interests Yes/No...

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Eligibility for family legal aid

The availability of legal aid (formerly public funding) in relation to family proceedings was significantly reduced with effect from 1 April 2013, following the coming into force of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA 2012). This Practice Note sets out initial considerations when advising a client who may be eligible for legal aid. If acting for a party in proceedings where the other party is legal aided, see Practice Note: Implications of legal aid.In NJDB v United Kingdom (App. No. 76760/12), the European Court of Human Rights ruled that it was not incumbent on the state to seek, through the use of public funds, to ensure total equality of arms between an assisted person and the opposing party, as long as each side was afforded a reasonable opportunity to present their case under conditions that did not place them at a substantial disadvantage in relation to their adversary. In that case, the Scottish Legal Aid Board had refused the applicant legal aid to bring an...

Implications of legal aid

Failure to advise on legal aid eligibility may amount to negligence, even where a firm does not carry out legal aid work, and a client’s potential eligibility for legal aid must be considered at the outset of the case. In David Truex Solicitor (a firm) v Kitchin, the court found, in relation to costs, that the client had not been advised about the availability of legal aid at the earliest opportunity. It was emphasised that a solicitor must consider eligibility at the outset. The client was entitled to claim back all monies paid to the solicitors in fees, save for a small sum paid for the initial conference. See Practice Note: Taking initial instructions from family clients.Practitioners must consider and take account of their client’s attributes, needs and circumstances. For further guidance, see Practice Note: The Solicitors Regulation Authority (SRA) regime for family lawyers.Legal aid is only available in very limited circumstances for family cases, largely where there is domestic abuse (with limitations) and in public children cases (again, with some...

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Lexcel pre-assessment all staff list

Lexcel pre-assessment all staff list Please click for an Excel version of this register. Lexcel staff list as at [insert date]

Pro bono policy

Pro bono policy 1 Pro bono vision 1.1 We acknowledge that we have a responsibility to our clients, staff, suppliers and other stakeholders as well as to the wider community within which we operate. We aim, through our practices and policies, to ensure a high standard of governance and client care, and to create a positive working environment that allows our staff to develop and to provide active support for our local community. 1.2 We recognise the difficulties some members of our society experience in accessing the justice system to resolve their legal problems. As lawyers we are in a unique position to help them. We view it as part of our support for our community to provide pro bono services to those in need. 1.3 We will strive to offer [insert the amount of support the organisation will aim to provide for pro bono work, eg a defined number of hours per lawyer, monetary value of otherwise chargeable time or a percentage of billings per year] to provide...

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Does a CFA have to include a success fee to be enforceable?

Does a CFA have to include a success fee to be enforceable? What is a CFA? A conditional fee agreement (CFA) is a type of funding agreement which is more commonly referred to as a ‘no win no fee’ agreement. Section 58(2)(a) of the Courts and Legal Services Act 1990 (CLSA 1990) formally defines a CFA as: 'an agreement with a person providing advocacy or litigation services which provides for his fees and expenses, or any part of them, to be payable only in specified circumstances' What are the requirements for a CFA? In order to be an enforceable CFA, the requirements of CLSA 1990, s 58(3) must be met: • it must be in writing • it must not relate to proceedings which cannot be the subject of an enforceable CFA; and • it must comply with such requirements (if any) as may be prescribed by the Lord Chancellor The requirements prescribed by the Lord Chancellor are to be found in the Conditional Fee Agreements...

How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the suspended sentence was imposed? What are the implications if a witness observes a criminal trial from the public gallery?

How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the suspended sentence was imposed? What are the implications if a witness observes a criminal trial from the public gallery? How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the suspended sentence was imposed? Paragraph 8 of Schedule 12 to the Criminal Justice Act 2003 (CJA 2003) (CJA 2003, Sch 12, para 8) governs what happens if an offender breaches a suspended sentence order (SSO) imposed by a court. It is only where it is proved to the satisfaction of a court before which an offender appears or is brought under of CJA 2003, Sch 12, paras 6 or 7 or by virtue of CJA 2003, s 192(6) (periodic review) that the offender has failed without reasonable excuse to comply with any of the community requirements of...

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Ransomware ban move could push hackers to private sector

Law360, London: The government's bid to crack down on ransomware payments could heap pressure on companies in crisis without any guarantee that it will pull the plug on the billion-pound cybercrime industry, lawyers say.

Family weekly highlights—22 May 2025

This week's edition of Family weekly highlights includes details of the speech delivered by the President of the Family Division, Sir Andrew McFarlane, at the 2025 Resolution national conference on changes and future priorities in family justice. Details of the Family Justice Council's recently published guidance on the use of covert recordings in family law proceedings involving children and the Ministry of Justice's recently published statutory guidance on Independent Sexual Violence Advisers are considered. Analysis of recent judgments on the shortfall in experts’ fees and costs in maintenance pending suit applications are included. The new edition of At a Glance 2025–2026 is also now available in Lexis+® UK containing industry-standard facts and figures for financial remedy negotiations.