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GLOSSARY

Legal aid definition

Published by a LexisNexis Dispute Resolution expert

What does Legal aid mean?

A means of funding litigation, whereby a party to the litigation receives legal advice on a free or subsidised basis.

The eligibility of legal aid differs depending on whether the litigation is civil or criminal.

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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...

Financial consent orders—checklist

Financial consent orders—checklist This Checklist sets out the steps to be taken when preparing a financial consent order. It includes guidance on recitals including definitions, agreements and undertakings, obtaining the client’s instructions and ensuring that the client understands the implications of the consent order and variation. It also details the process for submitting the consent order application to the court. See also Practice Notes: General principles of consent orders and Drafting the terms of a financial consent order, and Precedents: Submitting a financial consent order—client guide and Steps to take after reaching a financial agreement—client guide. Standard orders have been issued by the President of the Family Division, the use of which is not compulsory but strongly encouraged. See Precedent: Standard order 2.1—financial remedy order. Where the applicant is legally represented, the consent order must be submitted to the court using the online financial remedy consent order service administered by HM Courts and Tribunal Service (HMCTS) via MyHMCTS (unless an exception applies)—see Practice Note: Online applications for financial consent orders....

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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...

Dive into our 28 Precedents related to Legal aid

In circumstances where a company has been selling product which is contaminated with Japanese knotweed, what potential liability could the company face and could the directors be personally liable?

In circumstances where a company has been selling product which is contaminated with Japanese knotweed, what potential liability could the company face and could the directors be personally liable? Environmental liability The company could be liable under a number of environmental regimes, including criminal liability under the: • Wildlife and Countryside Act 1981 (as amended) (WCA 1981) • Environmental Protection Act 1990 (EPA 1990) • Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 Civil and other liability may also arise as set out below. Potential liability under the Wildlife and Countryside Act 1981 Offence Japanese knotweed (Polygonum cuspidatum) is an invasive non-native species (INNS). It is an offence under WCA 1981, s 14(2) if any person ‘plants or otherwise causes to grow in the wild' a plant listed in WCA 1981, Sch 9 Pt II (eg Japanese knotweed). Whether or not the company has committed an offence is likely to depend on how and where its customers have used the product and whether this has...

If one party wishes to get divorced but their spouse lacks capacity (and has been detained for attacking them), there is no one willing to act as a litigation friend and the Official Solicitor will not act because their costs will not be paid, what steps can the party seeking a divorce take?

If one party wishes to get divorced but their spouse lacks capacity (and has been detained for attacking them), there is no one willing to act as a litigation friend and the Official Solicitor will not act because their costs will not be paid, what steps can the party seeking a divorce take? Section 2 of the Mental Capacity Act 2005 (MCA 2005) provides that a person lacks capacity in relation to a matter if, at the material time, they are unable to make a decision for themselves in relation to a matter because of an impairment of a disturbance of the functioning of the mind or brain, whether permanent or temporary. Capacity can therefore be lifelong or transitory. MCA 2005, s 1 provides for a presumption of capacity unless, and until, the contrary is shown. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 15 apply to protected parties, which includes persons who lack capacity. By FPR 2010, SI 2010/2955, 15.2 a protected party...

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The Legal Aid Agency data breach—a wake-up call for cybersecurity in public services

Corporate Crime analysis: In April 2025, the Legal Aid Agency (LAA), a cornerstone of the UK’s justice system, became the latest victim in a growing wave of cyberattacks targeting both public and private institutions. The breach, which the Ministry of Justice (MoJ) later confirmed, involved the theft of a ‘significant amount’ of sensitive personal data—including information relating to domestic abuse victims, individuals involved in family law disputes, and those facing criminal prosecution. The scale of the breach is staggering; more than two million pieces of data were reportedly accessed, with records dating back to 2010. This incident is not isolated. It follows closely on the heels of cyberattacks on major UK retailers such as Marks & Spencer, Harrods, and the Co-op, all of which suffered operational disruptions and financial losses. But the LAA breach is particularly alarming due to the nature of the data involved and the vulnerability of the individuals affected. It raises urgent questions about the resilience of public sector digital infrastructure and the broader implications of cybercrime...

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.

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