Backdating legal


28-May-2020 09:17

Osbornes Law were an interested party in the challenge.Bindmans, Broudie Jackson Canter, Deighton Pierce Glynn, Legal Aid Practitioners Group, Leigh Day and the Public Law Project all provided evidence in support of the claim, which goes to highlight how wide spread the issue was.The judgment of the Court of Appeal in R (Kigen) –v- Secretary of State for the Home Department [2015] EWCA Civ 1286, confirmed that delays in obtaining legal aid funding would not be accepted as a reason for bringing proceedings out of time.This reaffirms the position that a legally aided client is being denied access to justice if providers are not taking on matters due to not being guaranteed that they will be paid by the LAA.In theory, this would appear on the face of it to be a reasonable request, as it is just a private arrangement between two parties.The argument is obviously not valid if the transaction is one which is required by law to be in writing such as a transfer of land.Another effect of the situation, was that providers may simply refuse to carry out the work to the detriment of the legally aided client.

backdating legal-7

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Is it legal to comply with the request or must it always be refused outright?Alternatively, is there a way of legally trying to achieve the required objective?If the document is putting in place something which “should have been done” but hasn’t been, usually for tax or similar reasons, then the position is straightforward.Does the provider take on the case knowing they will not get paid, or do they refuse instructions or wait for funding, by which time it will be too late for the client?

Duncan Lewis were granted funding by the LAA on 14 September 2017, which was made available from that date, but the LAA failed to backdate the funding to extend from the date of the initial application which was made on 12 September 2017.For obvious reasons, any request to backdate a document for these reasons should be flatly turned down.



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