Q&As

Does a legal aid certificate have to be formally discharged for a subsequent CFA to be valid?

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Published on LexisPSL on 08/10/2015

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Does a legal aid certificate have to be formally discharged for a subsequent CFA to be valid?

Does a legal aid certificate have to be formally discharged for a subsequent CFA to be valid?

This issue was considered by the Senior Courts Cost Office (SCCO) in Hyde. It held that a Community Legal Services Funding certificate (legal aid certificate) does not need to be formally discharged by the Legal Aid Agency (formerly the Legal Services Commission) before entering into another form of funding arrangement. Mr Justice Soole dismissed an appeal on the basis that he found that the discharge of legal aid funding was a matter of procedure and it was clear that such funding had come to an end. The client was entitled to continue to the action by entering into a private retainer with the law firm.

It is important to be aware that there are strict rules prohibiting payments from other sources during the validity of a legal aid certificate.

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