Anyone got any thoughts or insight into either of these two issues?
The first is one we have encountered before but has not in our experience been resolved. Our clients have submitted a Claim 1A for their fees in an ongoing care case where LA has been transferred (they get 50% of the grad fee). They also claimed their share of a residential assessment ordered by the Judge – The LSC have refused to pay. Another client of ours came close to testing this in a case however the LA eventually shouldered the costs so the LA regs never came under close scrutiny.
The second involves a legally aided (green form) client going through mediation regarding family finances. The private paying other-side has issued proceedings, despite mediation being ongoing, and consequently our clients application was initially refused. Liverpool have subsequently granted a certificate, on an exemption. Is such a tactical gambit on the part of the o/s acceptable? Surely it indicates bad faith with regard to the mediation process? We want to mediate to avoid proceedings and the stat. charge this has now been frustrated.
Two Family Files
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About Author: SP
Had a CLAIM1A returned from the LSC for a case where instructions were transferred to a new firm, on the basis that the case was not yet finished and was asked to submit an POA1, instead.
Manual very clear about assessments, stating they will not pay them even if ordered by the Court. Though it would be interesting to see the outcome of a test case on this issue.
PS Green Form! Exactly how old are you. 🙂
Might be heading test case with this one. One of the other firms has had their share of the disbt paid on account in the ongoing case so that will be interesting too.
Age – feeling quite old at the moment – plus when I say green I mean the real green ones and not those pale, second generation imitations.