10th April 2015
Client Name: Mark Markson
Subject Matter: Defence of claim for liquidated sum
Review of: Decision to refuse legal aid
On 10th March the above named applicant was refused legal aid. On the 14th March 2015 you asked that this refusal by reviewed in the light of new information which you submitted. The information included the following (outline of information in narrative form and any additional materials)
The decision has now been reviewed in the light of the further information. The outcome of the review is as follows:
The decision made on 10th March 2015 to refuse legal aid stands.
This decision was made having regard to section
28(2)(c) and (d) of the Civil Legal Aid Act 1995
The reasons for the original decision to refuse legal aid were:
Section 28(2)(c): because the applicant is not reasonably likely to be successful in the proceedings, assuming that the facts put forward by him or her in relation to the proceedings are proved before the court or tribunal concerned.
Reason: The claim is for a liquidated sum which the applicant accepts that he is owed. There is no defence to these proceedings. Entering an Appearance will only delay judgement being obtained and increase the applicant’s costs.
Section 28(2)(d): because having regard to all the circumstances of the case (including the probable cost to the Board, measured against the likely benefit to the applicant) it is not reasonable to grant it.
Reason: Contesting these proceedings will only increase the applicant’s costs. There is no benefit to the applicant in doing so. Having considered this, it is not considered reasonable to grant legal aid.
The applicant may appeal the original decision to an appeal committee, which consists of members of the Board of the Legal Aid Board. They will consider the appeal and take a decision, which will usually either be to confirm the original decision, or they may overturn the decision and grant legal aid. The Committee have wide powers and are not confined to either of these approaches.
You should give a copy of this letter to your client and ensure that they are aware that they have the right to appeal. An appeal may be lodged on your client’s behalf using EOS. Alternatively your client may, if they wish to do so, appeal directly in writing via post, email, or fax. Any appeal must be lodged within one month from the date the applicant has been notified of the decision. You should therefore immediately notify the applicant of the this decision.
[If the case is at risk of becoming statute barred you should take instructions urgently and you may contact me by phone to discuss the option of an early hearing.]