Is Everyone entitled to Legal Aid ?
You have to show that you cannot pay for your case, (i.e. that you are financially eligible) and that you have a good case which you are likely to win, (i.e. that your case has a good prospect of success and that the likely compensation or other benefits you will receive by being involved in a court case will exceed the likely costs.) In addition your case must be of the kind that can be covered by legal aid.
Even if you are working, own your home and have savings, you may still qualify for legal aid. However, you may have to pay a contribution towards the cost of taking your case to court.
Even if you are financially eligible and can show your case has good prospects of success the Legal Aid Agency can still refuse to grant you Public Funding if:
i) There are alternative forms of funding available to you.
ii) There is a complaint system which you should try before becoming involved in a court action.
iii) Your case has or is likely to be referred to the Small Claims track. See Small Claims
iv) The Commission considers it unreasonable to fund representation for you.
Questions & Answers
- What is Legal Aid?
- Is Everyone entitled to Legal Aid?
- How do I show I cannot pay for my case?
- What is disposable income?
- What is meant by capital?
- Do I get something for nothing?
- Can the Statutory Charge be waived or postponed?
- Can I apply for Legal Aid on behalf of someone else?
- Are there any other schemes under which I might get free or cheap legal advice?
- Are there any cases for which Legal Aid is not available?