Chapter 5: Conducting a civil/family case >CHAPTER 5Conducting a civil/family case5.1Introduction5.5Legal Help5.5Scope5.7Other sources of funding5.8FormsWhat if the client cannot sign the form? • Applications on behalf of children/protected parties • Applications by post • People resident outside the European Union • Applications by fax • Telephone, webcam and email advice5.20Financial eligibility5.27Merits testPrevious advice • Reopening a closed matter5.34Opening more than one matterSeparate and distinct • Different causes or events • Work that does not address the other problem(s) • More than one client5.42FundingFixed fees • More than one fixed fee • Housing possession schemes5.48Disbursements5.49Disbursements that may not be claimed under controlled work5.54Help at Court5.54Scope5.58Financial eligibility5.59Merits testThe sufficient benefit test (see Legal Help, above)5.61Forms5.63Funding5.66Help with Family Mediation5.67Ending a case5.75Ending a case – monitoringKey performance indicators5.79Legal Aid Representation Certificates5.79Scope5.81Investigative representation5.83Before you apply for a certificate5.84Clients abroadClients abroad – procedures • Clients from abroad5.88Children5.90Financial eligibility5.91Merits testThe standard criteria • The various merits tests • The general merits test for full representation • Public law claims • Claims against public authorities • Other cases5.114Changes to prospects of success or cost-benefit5.115CCMS and forms5.125Refusals and appeals5.126Funding5.131Amendments to scope and costs5.133Use of counsel and amendments for a QC5.134Disbursements and prior authority5.137Experts’ fees5.148Funding from the client’s point of viewContributions • Changes in circumstances • Statutory charge • Recovery of money • Recovery of property, and preservation cases • Enforcement of the charge – the LAA’s powers • Ending a case5.189Urgent cases5.189Scope5.192Financial eligibility5.196Merits test5.198Forms5.200Funding5.202Delegated functions (formerly devolved powers)5.202ScopeSteps for granting an emergency certificate • Amendments under delegated functions • Refusals under delegated functions5.208Financial eligibility5.209Merits test5.210Funding5.211Very expensive cases/special case work5.212Scope5.216Financial eligibility5.217Merits test5.219Forms5.221Funding