Civil Litigation Solicitors

From the 1st April 2013 new rules apply in relation to obtaining of Public Funding (Legal Aid). Furthermore there have also been changes in relation to the multi track and small claim track. With multi track, parties will now have to file cost budgets in court. In relation to the small claims track, the limit has been increased to £10,000. There is further talk that the Ministry of Justice will increase the limit to £15,000.

In relation to Public Funding, this will no longer be available for a vast number of civil disputes, family and housing matters. Public funding will no longer be available in the following area:

• Consumer and General Contract;


• Private family law - except those cases where criteria are satisfied regarding domestic violence or child abuse);


• Debt - except where there is an immediate risk to home for example: i) Possession of a clients homes (Arising out of a failure to make mortgage payments) ii) Court Order for sale of the clients home & iii) Bankruptcy cases where a creditor seeks to make the client bankrupt and the state includes the clients home


• Employment cases;


• Housing matters - except those where the home is at immediate risk (excluding those who are “squatting”), homelessness assistance, housing disrepair cases that pose a serious risk to life or health and anti-social behaviour cases in the county court; Injunctions concerning harassment in the home; Anti-social behaviour matters in the Court ; provisions of accommodation in relation to asylum support ; Eviction from an individuals home (including unlawful eviction)


• Cash forfeiture actions under the Proceeds of Crime Act 2002,


• Actions relating to contentious probate or land law,


• Tort and other general claims, and


• Welfare benefits; except for advice and assistance for welfare benefits appeals in the Upper Tribunal; and advice, assistance and representation for welfare benefits appeals in the higher courts

This change to the Public Funding system will inevitably impact on clients looking for public funding and indeed affect access to justice.

To Conclude
While all these changes may seem daunting, clients should now expect their solicitors to be to transparent from the outset with regards to costs and try and manoeuvre cases more to settlement with negotiation to try and achieve the best and most cost effective remedy quickly as possible.

At Duncan Lewis we offer a service to provide advice and assistance on how to manage your claim and the court procedure at very competitive fees. Fixed fees can also be agreed to ensure that you are still able to get the advice you need.