Help at CourtHelp at CourtHelp at CourtHelp at CourtHelp at CourtHelp at Court:financial eligibilityHelp at CourtHelp at Court:merits testHelp at CourtHelp at Court:merits testHelp at CourtHelp at Court:formsHelp at CourtHelp at Court:formsHelp at CourtHelp at Court:fundingHelp at CourtHelp at Court:fundingHelp at CourtHelp at Court:fundingHelp at Court
Scope
5.54Work must be allowed under LASPO (see chapter 3 for more information). Help at Court is help and advocacy for a client in relation to a particular hearing, without formally acting as legal representative in the proceedings.
‘Help at court’ means the provision of any of the following civil legal services at a particular hearing–
(a)instructing an advocate;
(b)preparing to provide advocacy; or
(c)advocacy.
1Civil Legal Aid (Procedure) Regulations 2012 reg 5. But note that counsel may not be instructed under Help at Court.
5.55Ongoing representation can only be provided under a legal representation certificate.
5.56Help at Court is useful for cases where a legal representation certificate would not be available, for example where a client does not have a defence to a possession claim; but does need an experienced adviser to set out repayment proposals to the court. Help at Court can also be used to represent the client on an application for enforcement of an order where the client is the applicant.
5.57However, it is always preferable to provide representation under a legal representation certificate wherever possible as this provides costs protection for the client (see para 5.80) and is better paid (at hourly rates in civil categories).
Financial eligibility
5.58As Legal Help, see above.
Merits test
The sufficient benefit test (see Legal Help, above)
5.59The nature of the proceedings and the circumstances of the hearing must be such that representation will be of real benefit to the client.
2Civil Legal Aid (Merits Criteria) Regulations 2013 reg 33. This means the issue(s) must be more complex than the client could have explained to the court himself or herself.
5.60You must apply the test before every hearing and note the file with your justification. ‘Sufficient benefit test met’ is not an adequate justification.
Forms
5.61The form is the CW1 Legal Help, Help at Court and Family Help (Lower) form (see Legal Help, above).
5.62If the client has already signed a Legal Help form to cover advice and assistance, he or she does not need to sign another form in relation to Help at Court.
3Standard Civil Contract Specification 2013 para 1.43.Funding
5.63Advisers without rights of audience may provide informal advocacy and claim payment under Help at Court, as long as advocacy is justified and the court agrees to hear them. Counsel may not be instructed.
5.64There are no additional fixed fees to cover Help at Court. However, the additional work involved may make it more likely that the case will reach the escape threshold (three times the fixed fee).
5.65Where advocacy is justified, you may claim travel and waiting to/from and at court, as well as preparation and attendance, where appropriate. See chapter 13 for more information on payment schemes.