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20 Nov 2008
Venters Solicitors: Criminal Defence Service, Community Legal Service, Accredited by the Law Society for Childrens Law, Accredited by the Law Society for Criminal Litigation, Resolution first for Family Law
Venters Solicitors, Camberwell, South London and Reigate Surrey, Solicitors Top-Ranked in Chambers
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Civil Public Funding

As we have a contract with the Legal Services Commission we will assess you for Public Funding ie your entitlement to Legal Aid.

You will only be granted Public Funding if the Legal Services Commission is satisfied on two points. The first is that you have a case worth taking or defending (otherwise known as the "merits of the case") and the second is that you are financially eligible (otherwise known as "qualifying financially"):

Providing you are entitled to Public Funding, based on the merits of the case, the situation is as follows:

  • If your income and or savings are too high, you will be refused Public Funding.
  • If they are not too high, you may still have to pay a contribution towards your costs: the Legal Services Commission will write to you and tell you how much. The contribution will be a monthly payment for as long as the case lasts. In the case of savings, you would be asked to make a single payment. If you want to go ahead, you have to accept the offer of Public Funding, and you will then be sent your Certificate of Legal Funding.
  • If your income and savings are low, you will not have to make any contribution, and the Commission will send you your Certificate of Public Funding straight away.
  • In some situations, you may be granted Public Funding but which will be conditional ie subject to a "Statutory Charge" which effectively means that the Legal Services Commission has the right to recover costs from you at a future date and to preserve that right will register a charge against your property eg your home. Further information about this will be supplied if your case is one where this could apply.

When considering your financial situation you should also take into account the income and savings of your spouse or partner.

If you are a parent involved in court proceedings which were issued by Social Services you will automatically receive public funding to be represented.

Should you not qualify for Public Funding and if you wish to receive legal advice and or representation in Court, you would need to pay for your costs privately. We can provide you with further information, on request.