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Legal Aid Cuts - 2013

  • WhiteRose
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7 years 5 months ago #374940 by WhiteRose
Legal Aid Cuts - 2013 was created by WhiteRose
With the forthcoming Legal Aid cuts coming in April this year, we have received a Briefing Note from The Law Society outlining the forthcoming changes and how it will affect Family Law:

www.wikivorce.com/divorce/Wikizine-Famil...Cuts-April-2013.html

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  • rubytuesday
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7 years 5 months ago #374988 by rubytuesday
Replied by rubytuesday on topic Re:Legal Aid Cuts - 2013
Thank you for posting this WR - its important to have up-to-date information on site :)

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7 years 5 months ago #375001 by dukey
Replied by dukey on topic Re:Legal Aid Cuts - 2013
Its also good to see the wiki magazine going strong.

When i first read the article i wrote a fairly long rant, then deleted it, too much of a rant.

For me the issue is simple, if i go out right now and bash an old lady and steel her purse i will get a free solicitor and then a barrister for court under the cab rank procedure, i wont pay a penny, the tax payers will foot the whole bill.

If a woman is married with three kids and no income, and her ex earns lots, she will face court alone, he will have money for a barrister , so tell me, woman stressed, no knowledge of law, how will she get on against a family law barrister?, you may as well take a banana to a gun fight.

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7 years 5 months ago #375051 by Fiona
Replied by Fiona on topic Re:Legal Aid Cuts - 2013
dukey wrote:

If a woman is married with three kids and no income, and her ex earns lots, she will face court alone, he will have money for a barrister , so tell me, woman stressed, no knowledge of law, how will she get on against a family law barrister?, you may as well take a banana to a gun fight.


Not necessarily. s30 LASPO amends MCA 1973 to give courts the power to order payments from one party to another to pay for legal services.

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7 years 5 months ago #375052 by dukey
Replied by dukey on topic Re:Legal Aid Cuts - 2013
True but how often have you seen it happen? Personally twice in five years on wiki, it''s hardly a substitute is it?.

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7 years 5 months ago #375054 by Fiona
Replied by Fiona on topic Re:Legal Aid Cuts - 2013
Currently there are no powers to make grant an order specifically for payments to cover legal expenses because there is legal aid. It''s not what maintenance is intended for but very occasionally the courts have taken legal aid into consideration when awarding MPS.

However the Legal Aid and Sentencing and Punishing Offenders Act reforming legal aid makes specific provision for orders to cover legal services so in future when the resources are available it is likely orders to cover payment of legal expenses will be made more frequently.

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7 years 5 months ago #375060 by dukey
Replied by dukey on topic Re:Legal Aid Cuts - 2013
Err yes there is, courts can and do make specific orders to cover legal costs in some circumstances, though they are very rare, well as far as I know they are.

A couple of years ago a prolific poster had a directions hearing, her stbx husband was ordered to hand over 20k paid on account to her legal team.

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