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Obtaining exceptional funding under LASPO – is it worth applying? (Yes)

Date:28 AUG 2014
Third slide
Carol Storer  Legal Aid Practitioners Group
Tom Royston  Garden Court North

Legal challenges around s 10 LASPO

The statutory scheme

1. There is a right under s 10 LASPO to civil legal aid for any out-of-scope matter where an exceptional case determination [‘ECD’] has been made by the Director of Legal Aid Casework.

2. An ECD must be made where not to provide legal aid would breach:

a. the individual's Convention rights (within the meaning of the Human Rights Act 1998); or

b. any rights of the individual to the provision of legal services that are enforceable EU rights: s 10(3)(a).

3. An ECD may be made where there is a risk of such an outcome: s 10(3)(b).

The problem


Read the full article here.