Due to cuts by various
governments, Legal Aid is now no longer as widely available as it used to be.
There are
large areas of law which simply do not qualify for Legal Aid at all, such as
business disputes, most money disputes, and conveyancing.
If a
legal dispute does still qualify for Legal Aid, there are two tests that the
Legal Aid Agency generally applies before granting it. The first is the
means test. Unfortunately, you need only have a very modest income,
savings, or assets before you are excluded by the means test. Even if
your financial means allow you to qualify for Legal Aid there will still be an
assessment of the benefits which your case may bring. In broad terms, you
will have to demonstrate that there is some significant benefit in pursuing
your legal matter. If your case is likely to fail, then the Legal Aid
agency will rarely grant Legal Aid.
Even if
Legal Aid is available, only solicitors who hold the necessary contract with
the Legal Aid Agency can work under it. Many solicitors have stopped
offering Legal Aid services and there are some places where there are few, if
any, Legal Aid solicitors. It can be quite a challenge to find a solicitor
who will undertake Legal Aid work even if you will qualify for it.
There are a few types of Legal Aid, for example, childcare proceedings, where the means and merits test do not apply, and people can automatically get Legal Aid. However, that does not apply to most legal disputes.