Circumstances in which the higher limit for expenditure on A&A may be available

Under the financial limit regulations, the basic limit of expenditure under advice and assistance is £95 or, in some specified situations, £180.

In advice and assistance, £180 is substituted where you are satisfied that:

  • the matter on which you are giving advice and assistance is likely to be resolved only by preparing for proceedings in a civil court for which legal aid is available; and
  • it is likely, on the information provided to you, that the applicant will qualify on financial grounds for civil legal aid; and
  • it is reasonable in the circumstances of the case.

All three criteria have to be satisfied and the £180 limit only applies where it is likely that the matter can be resolved only by proceeding to court.  You should make it clear in the account that this is indeed the situation and it is not sufficient to argue that civil proceedings are merely competent or that the matter may eventually proceed to litigation.  It is only appropriate to apply this limit to prepare and submit a legal aid application.

Otherwise you should apply for an increase in authorised expenditure (using a template where appropriate).

In ABWOR, the £180 limit applies for a petition by a debtor for the sequestration of their estate.  In all other ABWOR cases under civil procedure, the £95 initial limit applies.

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