Advice needed

Jack and Mary

Hi all,

I'm new here and looking for some advice.
I have an ongoing arbitration case but am unable to fund it. I was advised to go to the ombudsman, (which i did) but was told that because the case involved a "contract for services" it was outside the remit of the ombudsman. The ombudsman advised me to seek help from the legal Aid Board which i did. The Legal Aid Board are now after coming back to me stating that they also cannot help because under current legislation they are restricted from providing aid to such a case even though i qualify from a means point of view. My question is where do i go now?

Pat Mustard

Jack and Mary wrote: »

Hi all,

I'm new here and looking for some advice.
I have an ongoing arbitration case but am unable to fund it. I was advised to go to the ombudsman, (which i did) but was told that because the case involved a "contract for services" it was outside the remit of the ombudsman. The ombudsman advised me to seek help from the legal Aid Board which i did. The Legal Aid Board are now after coming back to me stating that they also cannot help because under current legislation they are restricted from providing aid to such a case even though i qualify from a means point of view. My question is where do i go now?

1. As regards civil legal aid, there are a number of exclusions. These are mainly contained in s.28(9) of the Civil Legal Aid Act 1995, also see eligibility criteria here.

The matters excluded under s.28(9) include defamation, matters concerning disputes over interests in land, small claims, licensing, conveyancing, and others.

My opinion is that for the most part the people who work for the Legal Aid Board have the best will in the world and do some really necessary work. However, like the rest of us, sometimes they are capable of making mistakes. They mainly deal with family law, but there is a wide variety of work which they are allowed to take on.

I think that you need to take a look at what is excluded, and see if your case is actually excluded.

I remember one case where I referred a man for legal aid over a case about dumping on his land. I got a phone call from a solicitor in the LAB, asking me what I thought I was up to, as he thought it was clearly excluded as a matter concerning a dispute over rights and interests in land. I told him that it wasn't necessarily excluded as being solely a dispute over rights and interests in land, as it might well have fallen into a different category which I believed was not excluded. He took another look at it then.

So take a look at the law and see if it's a case which is excluded from legal aid. If it's not excluded, perhaps you will get advice and/or legal aid, provided that you can adequately make your case, with reference to the relevant law.

2. Go to FLAC with printouts of the relevant law, as they may little time and few resources, and they might have to see six people in an hour. Show them the printouts and ask the duty solicitor if he/she thinks it may be covered by legal aid. If so, he/she may be able to give you some pointers as to how you should proceed.

Even if the duty solicitor doesn't think that you will be covered by legal aid, see what else she/he can tell you. He/she won't have had any chance to prepare, so you may be lucky to get a detailed answer on what may be a somewhat specialised topic. However, go and see what you can learn.

3. I presume that you are not in a position to hire a private solicitor to run your case for you. However, you may be in a position have a private solicitor give you legal advice and pointers as to how best to proceed.

Check out your options, try to get legal assistance in some way, and good luck.

Jack and Mary

"The Musterd"

Many thanks for the information provided (its being very very very helpful) I do not believe that my case is excluded and have since put the wheels in motion. I'll keep you updated and again I'm very greatful for the information you provided.

Pat Mustard

No worries. Sure, let us know how you get on.