To ask the Parliamentary Secretary, Department for Constitutional Affairs, what powers the Lord Chancellor has in relation to the granting of legal aid support in civil actions. [120932]
Legal aid in civil cases is granted from the Community Legal Service (CLS) fund according to criteria set by the Secretary of State and Lord Chancellor and approved by Parliament. However, although Noble and Learned Friend and I have Ministerial responsibility for the CLS scheme, individual decisions about funding in civil cases are entirely a matter for the Legal Services Commission, which is an independent body.The only involvement that Ministers have in individual cases occurs when the Commission, under s.6(8)(b) of the Access to Justice Act 1999, requests the Lord Chancellor to authorise exceptional funding to a case which is outside the scope of the CLS scheme. In such cases decisions are made according to the standard means and merits tests and according to criteria specific to exceptional funding applications.
To ask the Parliamentary Secretary, Department for Constitutional Affairs in what circumstances a court can deny payment of legal aid in civil actions where a legal aid certificate has previously been granted. [120933]
When a legal aid certificate is issued, the acting legal representatives are entitled to be paid what is considered to be reasonable when the costs are
Political affiliation | |||||||
Commission area | Total | Conservative | Labour | Liberal Democrat | Plaid Cymru | Other | Uncommitted |
Avon and Somerset | 838 | 270 | 178 | 139 | 0 | 32 | 219 |
Bedfordshire | 277 | 105 | 57 | 30 | 0 | 12 | 73 |
Cambridgeshire | 358 | 141 | 78 | 42 | 0 | 23 | 74 |
Cheshire | 476 | 160 | 127 | 56 | 1 | 62 | 70 |
City of London | 132 | 52 | 25 | 13 | 0 | 8 | 34 |
Cleveland | 464 | 165 | 147 | 38 | 0 | 35 | 79 |
Cumbria | 309 | 104 | 58 | 24 | 0 | 6 | 117 |
Derbyshire | 430 | 160 | 116 | 55 | 0 | 21 | 78 |
Devon and Cornwall | 708 | 260 | 111 | 133 | 0 | 72 | 132 |
Dorset | 322 | 130 | 39 | 67 | 0 | 25 | 61 |
Durham | 294 | 61 | 107 | 19 | 0 | 19 | 88 |
Dyfed | 263 | 63 | 63 | 37 | 40 | 21 | 39 |
East Sussex | 396 | 146 | 78 | 46 | 0 | 33 | 93 |
Essex | 620 | 245 | 115 | 99 | 0 | 52 | 109 |
Gloucestershire | 270 | 131 | 40 | 43 | 0 | 25 | 31 |
Gwent | 284 | 69 | 78 | 20 | 7 | 2 | 108 |
Hampshire | 780 | 266 | 142 | 124 | 0 | 45 | 203 |
Hertfordshire | 457 | 147 | 114 | 63 | 0 | 46 | 87 |
Humberside | 444 | 173 | 115 | 47 | 0 | 34 | 75 |
Inner London | 767 | 283 | 246 | 97 | 0 | 79 | 62 |
Isle of Wight | 65 | 29 | 5 | 10 | 0 | 3 | 18 |
Kent | 815 | 335 | 152 | 115 | 0 | 47 | 166 |
Leicestershire | 511 | 171 | 119 | 60 | 0 | 15 | 146 |
Lincolnshire | 381 | 157 | 70 | 52 | 2 | 48 | 52 |
Middlesex | 952 | 329 | 298 | 91 | 0 | 73 | 161 |
Norfolk | 441 | 152 | 94 | 65 | 0 | 30 | 100 |
North-east London | 528 | 118 | 190 | 46 | 0 | 27 | 147 |
North Yorkshire | 362 | 138 | 70 | 55 | 0 | 20 | 79 |
assessed (either by the court or the Legal Services Commission). Payment may be substantially reduced if a lawyer has acted outside the scope of his instructions, outlined in the terms of the funding certificate; or, if a lawyer was negligent in some way causing the courts to strike out a claim.
It is possible for costs to amount to nil when it is assessed that work done had no value or was unnecessary.
A lawyer has the right of appeal, if their payment is denied.