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24-Oct-2020 12:31

Duncan Lewis Solicitors recognised the funding situation as an inherent problem and dangerous precedent within the funding provisions with the work they were undertaking and wanted to highlight that clients who required urgent legal assistance were unlawfully being denied access to justice.As costs draftsman, we have also seen this situation occur time and time again.For example, if a seller had sold his house in December then the seller could have taken advantage of certain tax benefits.

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This reaffirms the position that a legally aided client is being denied access to justice if providers are not taking on matters due to not being guaranteed that they will be paid by the LAA.Alternatively, is there a way of legally trying to achieve the required objective?If the document is putting in place something which “should have been done” but hasn’t been, usually for tax or similar reasons, then the position is straightforward.It is inevitable that every legal aid provider up and down the country as experienced this situation.

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The grounds for judicial review that Duncan Lewis Solicitors put forward were: April 2018 and Mr Justice Butcher stated that the prohibition on backdating of funding presented a prima facie obstacle to the right of access to court, and that there was an arguable case that the prohibition was either due to a misinterpretation of the procedure regulations or that the regulations themselves were ultra vires of Legal Aid, Sentencing and Punishment of Offenders Act 2012.Does the provider take on the case knowing they will not get paid, or do they refuse instructions or wait for funding, by which time it will be too late for the client?