Court Costs and Legal Aid

Going to court can be expensive. The law recognises that the high cost of court cases could mean that many people are not able to get the justice they may deserve. To ensure that everyone has an equal right to legal representation, various financial schemes have been set up to help those people that don't have the money to go to court themselves.

Legal Aid

If you can't afford the costs of going to court, you can apply to receive legal aid. The money you could get can be used to help with a range of civil court cases. You can apply for legal aid depending on:

• How much you earn and how much money you have in assets such as your home or other property. You will normally not be eligible for legal aid if you have over £8,000 in assets, or earned over £2,435 as your gross income (before tax) last month.
• What the chances are of you winning the case.
• What type of case you are taking to court.

You can use an online legal aid calculator to work out how much money you might get if you applied for help. The legal aid calculator is available at: www.communitylegaladvice.org.uk/en/legalaid/calculator.jsp.

Legal aid will usually only pay for:

• The cost of the solicitor who will represent you in court.
• Any initial help and advice you have been given about your case.
• The cost of mediation in a family dispute.

If you are under 18 years of age you can apply for legal aid, but a person who is over 18 years old will have to apply for you. This is also the case if someone under the age of 16 wants legal aid. Their parent or guardian is the only people who can apply for legal aid on their behalf.

You can't receive legal aid for the following court cases:

• If you are claiming asylum.
• Cases involving businesses or partnerships.
• Immigration, land and employment tribunals.
• Personal injury claims.
• Conveyancing (the buying and selling of a house).
• Trust law.
• Boundary disputes.
• Libel or deformation of character.
• Making a will.

Legal aid will in most cases pay for the vast majority of the court costs you will have. However, there may be cases where you do have to pay something towards your court case. The amount you may have to pay will be determined when your application for legal aid was processed.

You may find you have to pay some of your monthly income towards your legal costs. If your case results in you making a financial gain, you may have to use some of this money to replay a percentage of your legal aid. This is called the 'statutory charge'. You may even be asked to pay a lump sum at the end of your case.

Legal aid in Scotland and Northern Ireland

If you live in either Scotland or Northern Ireland you can still apply for legal aid, but you must do so through your own schemes.

The Scottish Legal Aid Board
Telephone: 0131 226 7061
Website: www.slab.org.uk

The Northern Ireland Legal Services Commission
Telephone: 028 9040 8888
Website: www.nilsc.org.uk

No Win No Fee

In some cases you may not qualify for legal aid. If you don't this doesn't necessarily mean you can't go to court. You could use a no-win, no-fee services that are available across the UK. It is important that you take legal advice before using these services so you understand what they are offering. You can download a leaflet that gives detail information about these services from the Community Legal Advice website: www.communitylegaladvice.org.uk/media/808/FC/leaflet12e.pdf. Or you can call: 0845 345 4 345 to get hold of a copy by post.