CONTEMPT PROCEEDINGS AND FUNDING: THE OUTCOME OF A LONG STRUGGLE

I have received an email informing me that, thanks to the help received from a post on this blog  they – eventually – obtained legal aid and successfully defended committal proceedings.  Although the thanks are addressed to me it is important that I point out that it was due to help of a number of people who put comments on the blog post that this person was able to obtain legal aid.

“I would have struggled to put the issues before the court as a litigant in person.  The other side would have run over me without I having the counsel I had.” 

THE BACKGROUND

On the 8th March there was a short post on this blog discussing the judgment in Brown -v- London Borough of Haringey [2015] EWCA Civ 483 about the availability of legal aid in committal proceedings. This included the passage

” The question of the availability of legal aid in such proceedings needs to be clear to lawyer and layman alike. It is not. The legislation is disgracefully complex”

I recorded how I had an email from someone faced with committal proceedings. They had been  to around 20 firms seeking legal aid for committal proceedings. The LAA kept telling the solicitors that legal aid was not available.

As a result of comments put by readers on the blog post the person was able to find a solicitor and obtain legal aid. The eventual outcome is given below.

AN UPDATE

The person in question has written to me.   The application to commit was  unsuccessful. He describes those who represented him as “truly excellent”.

“I would have struggled to put the issues before the court as a litigant in person.  The other side would have run over me without I having the counsel I had. 

I may have given up on seeking representation when almost 20 solicitor firms said they could not get Legal Aid.  Your blog post helped keep me going in the belief that Legal Aid is available despite those refusals.  So many thanks.”

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