§ Bob SpinkTo 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]
§ Mr. LammyLegal 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.
§ Bob SpinkTo 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]
§ Mr. LammyWhen 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
862W
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.