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Catherine Taylorof Healys LLP on changes to the Legal Aid System

Further cuts in public expenditure came into force as of the 1st of April 2013, with changes to the Legal Aid System.

Reforms have been introduced in a bid to save money on legal expenditure. The Legal Aid Bill, to date, has been approximately £2b each year and the changes are aimed to cut the bill down to approximately £300m a year.

Cases that will no longer qualify for Legal Aid include, divorce, finances and disputes involving children, personal injury, some
employment and education law, immigration cases (where the person is not detained), some debt housing and benefit issues.

Cases that should or may still be funded will include cases where there has been domestic violence, forced marriage or child abduction, mental health issues, all asylum cases, debt and housing matters (where a home is at immediate risk).

We believe that the Legal Aid cuts will create a ‘justice gap’ between those who can afford and choose to pay for legal advice and those who cannot, with the poorer being unable to challenge refusal of benefits, unpaid wages or to sort out unmanageable debt. So much for access to justice!

As family lawyers we believe we will see a real difference within the Court system, with parties being unable to afford to be represented. A number of parties will have to represent themselves and with them being unfamiliar with procedures and what they need to produce by way of documents, this will probably lead to further backlogs within the Court system.

Some parties who cannot afford to appoint legal representation may choose to appoint what is known as a ‘McKenzie Friend’ – a non qualified third party who attends Court on behalf of a lay client. You should be aware that McKenzie Friends have no right to address the Court, they simply attend Court, take notes and help organise documentation.

It is advisable, if a party cannot afford to be represented by a solicitor throughout the Court proceedings, that they seek legal advice on a ‘one off’ basis. At Healys LLP, we provide a service for clients, whereby we meet with them, advise them on their case, answer any questions they may have and confirm our advice to them in writing. There is a one off fixed fee for this service and, if you think you may be interested in using this service, please feel free to telephone either Catherine Taylor or Kathryn Sawyer quoting reference ‘Latest Homes’. We can then meet with you and offer you a 10% reduction on our usual fee for the meeting.

Please feel free to contact us on 01273 685888 or by email
Catherine Taylor: catherine.taylor@healys.com
Kathryn Sawyer: kathryn.sawyer@healys.com


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