Circumstances where a higher limit of expenditure 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.
  • It is likely on the information available that your client will qualify on financial grounds for civil legal aid.
  • It is reasonable in the circumstances of the case.

All criteria have to be satisfied.  You should confirm in the account that this is the situation. 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.

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