Funding

There are several funding options available and will usually depend on the type of case and in some circumstances your financial circumstances. For example, legal aid is available in respect of most criminal offences, but may be the subject to a contribution in the Crown Court and will be means tested in the magistrate’s court, meaning that if your disposable income is above a certain figure you will not be eligible. Legal aid will not be available for regulatory or disciplinary matters, but you may be covered by a legal indemnity on your insurance policy.

Is legal aid funding available for my case?

Legal Aid provides payment to your solicitors by the government.

There are different rules and criteria for different types of cases. For example everybody is entitled to free and independent legal advice at a police station if you are arrested or interviewed as a suspect under caution. However, if you are charged, summoned or served with a postal requisition this means that you will need to appear initially before the Magistrates Court. Legal aid in the Magistrates Court is dependent firstly upon your financial circumstances, therefore if your income is below a certain threshold you will then have to go on to pass the “interests of justice test” which considers the merits of the case and other criteria. Whether you are at risk of losing your liberty, livelihood, suffer serious damage to your reputation or a substantial question of law is involved are a few of the examples.

Senior Lawyer Representation

If you would prefer a specific Senior Lawyer or Partner equivalent with more than 15 years’ experience to represent you at a police station then this can be arranged on a privately paid basis. This can be either on the basis of an hourly rate or alternatively we can agree a fixed fee in advance, meaning that you will know the exact cost at the outset no matter how long the interview takes.

Can I get legal aid at the Magistrates Court?

If you are under 18 or if you receive any of the following benefits you are automatically eligible for legal aid;

  •     Income support
  •     Income-based job seekers allowance
  •     Guarantee state pension credit
  •     Income-based employment support allowance, or
  •     Universal credit

If you have an income greater than £12,475 it is unlikely that you will be eligible for legal aid in the Magistrates Court but if your case is sent to the Crown Court you are likely to be eligible for legal aid once the case is sent. You may have to pay a contribution depending upon your income and other financial factors.

Can I get legal aid at the crown court?

If you are under 18 or if you receive any of the following benefits you are automatically eligible for legal aid and won’t have to make any contribution;

 Income support

 Income-based job seekers allowance

 guarantee state pension credit

Income-based employment support allowance, or

Universal credit

Do I have to pay towards legal aid?

If your income is above a certain level you may have to pay towards the cost of your defence by way of a Contribution Order while your case is ongoing. Contribution Orders are based on your income and mean that a proportion of your income is paid towards your legal costs for a period of 6 months. If you are found not guilty at the crown court you will be entitled to claim back any contributions you have paid. If you are convicted and any contributions do not cover the total costs of your defence, the Legal Aid Agency may seek to obtain further costs from you if your capital is in excess of £30,000 .

If you are found guilty, you may have to pay towards your defence costs from any capital assets you may have. This would only apply if:

 You have £30,000 or more of assets, for example: savings, equity in property, shares or Premium Bonds; and

 Any payments you have already made have not covered your total defence costs.

Insurance Backed Funding

Most assume that legal protection from insurance companies only apply to some motor vehicle insurance policies. However, many insurance companies now offer Legal Protection Insurance (LPI) or Legal Expenses Insurance (LEI) as standard and sometimes free options, so you may not know that you have it. Alternatively, they are offered as additional options or a “bolt on” to their existing life, home, public liability and other policies.

If, as part of your employment you are a member of a union or professional society, body or organisation you will probably have some form of LEI or LPI.

If you are unsure as to whether you have such a policy or whether you are covered, please contact us.

Some policies will have restrictions on lawyers that you can use often referred to as “panel solicitors”. Even if your insurers indicate that Burton Copeland is not on the panel, please contact us. We can usually abide by any terms and conditions that the insurers stipulate and given our experience.  Policies invariably contain a clause that allows the insurer to withhold or withdraw funding for a legal action or defence, is there are no “reasonable prospects of success”. Your insurer should only make this decision after taking expert advice, if they have not, they you should contact us to try to appeal the decision or make a complaint to the Financial Service Ombudsmen.

Funding your case privately

At Platts Solicitors we pride ourselves in providing the very best service at the most competitive rates and if you are not eligible for legal aid and do not have insurance cover we can offer a range of private rate packages to suit you. We appreciate that every person and every case is different and we will work with you to understand your needs and expectations. We also appreciate that defending any case is likely to be extremely stressful period, but the protection in ensuring you get the right advice and representation is likely to ease that stress.

  1. HOURLY RATE

This service allows you to choose your expert lawyer yourself. We can of course advise you on the individuals available and level of expertise and experience required dependant on the type or seriousness of your case and type of advice and representation you  will require. Your chosen lawyer will attend at all court hearings or other appointments as is necessary and will be your single point of contact within the firm. You will be assured by the fact that you will always deal with the same individual. The hourly rate service ensures that you only pay for what service you receive and nothing more. We will provide you with a quotation before any work starts and you will receive regular statements setting out work done and costs to date.

Hourly rates for attendances, preparation and consideration of documents, advocacy, travelling and waiting:

Partner or solicitor of equivalent experience:                                     £260.00 per hour

Solicitor of over 2 years’ experience                                                     £200.00 per hour

Legal executive/recently qualified solicitor                                          £161.00 per hour

Trainee Solicitor or equivalent                                                                £118.00 per hour

Letters written /phone calls made:

Partner or solicitor of equivalent experience:                                     £25.00 per call made/letter written

Solicitor of over 2 years’ experience                                                     £20.00 per call made/letter written

Legal executive/recently qualified solicitor                                          £18.00 per call made/letter written

Trainee Solicitor or equivalent                                                              £15.00 per call made/letter written

Mileage rate:                                                                                            45p per mile

 

  1. FIXED FEE

We listen to our clients and understand that some would prefer to know the whole costs from the outset. It is for that reason that we also offer a number of fixed fee services, meaning that you can be confident that the price you have been quoted is the price you will pay. This offers certainty from the outset and will mean that there is one less thing to worry about and provides security for any other financial commitments that you have.

Immigration Fixed Fees

Initial consultation free – up to 30 minutes

In Country Applications

Partner/unmarried Partner/Parent                                         £1,200

Settlement as Partner/Unmarried                                          £1,000

Settlement as Child                                                                    £1,000

Human Rights Applications                                                      £1,200

Applications Outside the Immigration Rules                         £1,200

Fresh Claim                                                                                 £1,000

Settlement Domestic Violence                                                 £800

Entry Clearance Applications

Spouse/unmarried partner                                                        £1,200

Leave to enter as child                                                                £1,200

Leave to enter as Parent of a Child in the UK                         £1,200

Dependant Relative                                                                     £1,200

Family Reunion                                                                             £1,200

UK Ancestry                                                                                   £1,200

EEA Applications                                                                            £750 – £1,000

Naturalisation

Adult Naturalisation                                                                      £1,000.00

Child Registration in UK                                                               £800.00

Child Registration Outside UK                                                   £1,000.00

Nationality Review                                                                       £500.00

Appeals

Appeal grounds preparation                      £500.00 plus court fee £140/£80

Stage 1 – Preparing case to Appeal           £1,000 – 2,000

Stage 2 – Application to First Tier Tribunal for permission to appeal.          £500

Stage 3 – Application to Upper Tribunal for permission to appeal.              £600

Stage 4 – Preparation for appeal re-hearing.                                                   £1,000 – £1,500

Other applications

Judicial Review pre-action Protocol (notice to Home Office before Court proceedings)      £450

JR application for permission                                                                £800 plus court fee £154

Section 120 response                                                                                             £500 – £750

Bail application                                £600

Travel Document Application      £300

Power of Attorneys                       £100