Backdating legal dating for attractive and successful people
Duncan Lewis Solicitors were granted permission in a claim for judicial review.
Ultimately, the Government had agreed, in open correspondence, to amend the Civil Legal Aid (Procedure) Regulations 2012 to expressly allow for legal aid certificates to be backdated to the date of the application for public funding.
The Government is yet to implement what they have agree to do, however it can be said that when it is implemented it will allow clients urgent legal assistance without being denied access to justice and it will also ensure that solicitors can begin work and have certainty that they will be paid for the work they undertake in the pursuit to secure the legal rights of their clients. To find out more about John M Hayes and how outsourcing your legal costing requirements can benefit your company call us today on 03 or send us an enquiry.
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Take for example, a matter involving an asylum seeker who is vulnerable and speaks very limited English and is facing the imminent removal from the country.
Following a last minute referral, instructions are received on the weekend to judicially review the government’s decision to remove the client and for an injunction against her imminent removal.
For example, if a seller had sold his house in December then the seller could have taken advantage of certain tax benefits.
However, he only realizes this in January and so wishes to backdate the document to December.
However, even if it is an agreement that could have been made orally the lawyer preparing the agreement has no way of knowing whether that is actually the case and that the agreement to be fully documented by him is the one that was reached at the earlier date.The situation prior to this important judicial review case was that, clients who required urgent and vital legal assistance were unlawfully being denied access to justice as providers were prevented from undertaking any paid work prior to the grant of funding, which could be many weeks later after the initial instruction.This meant that providers were providing essential advice before the granting of a legal aid certificate pro bono.The judgment of the Court of Appeal in R (Kigen) –v- Secretary of State for the Home Department  EWCA Civ 1286, confirmed that delays in obtaining legal aid funding would not be accepted as a reason for bringing proceedings out of time.This reaffirms the position that a legally aided client is being denied access to justice if providers are not taking on matters due to not being guaranteed that they will be paid by the LAA.