Legal aid for appealing to a higher court
As and from 1st June 2017, legal aid for an appeal will in general no longer be extended by way of amending a legal aid certificate. This means that where a legally aided person requires further legal aid to appeal an order of a lower court to a higher court they must make a fresh application for legal services to the law centre who will process it as if it were a new application. It will be treated as a priority matter.
For appeals of matters within the scope of the District Court private family solicitors’ panel legal aid for the appeal can be granted (by way of a delegated/private practitioner legal aid certificate) by the law centre managing solicitor or the Dolphin House Service.
In the case of other appeals, a new application for legal aid must be made to Legal Services.
It is often the case that a Court Office will list the Law Centre as being on record in an appeal even if it is the client who has filed the Notice of Appeal. It is not considered necessary that there should be a formal application to come off record in the event that the person is not granted legal aid certificate for the purpose of the appeal.
In those circumstances a solicitor should write to the Court Office noting that a legal aid certificate is not available for the appeal.