The government has amended its safety net scheme for people denied legal aid because of cuts – despite its decision to appeal a High Court decision that branded the scheme ‘unlawful’.

An exceptional case-funding application for legal services is made where a case falls outside the scope of legal aid but the client or conducting solicitor believes there is a requirement to provide funding because failure to do so would breach the Human Rights Act.

To receive legal aid funding for full representation, applications must have at least a 50% chance of success. Civil legal aid for full representation is not available where a case has a borderline or poor prospect of success.

Amendments to the Civil Legal Aid (Merits Criteria) Regulations 2013, which came into force today, mean legal aid may be provided for some cases that are assessed as having borderline or poor prospects of success.

For further advice and information please contact a member of the family team at Ringrose Law at one of our offices in Lincoln, Boston, Grantham, Sleaford, Spalding and Newark or call Nichola on 01529 301300.

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