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Scope
5.189The LAA defines a case as urgent if it is necessary to carry out work before a substantive application could be made and determined. The LAA aims to process most substantive applications within four weeks. Therefore an emergency certificate is unlikely to be granted unless the work has to be carried out before a substantive certificate could be granted and cannot wait without serious adverse consequences to the client, for example risk to the life, liberty or physical safety of the client or the client’s family or the roof over their heads; or the delay will cause a significant risk of miscarriage of justice, or unreasonable hardship to the client, or irretrievable problems in handling the case; and in either case there are no other appropriate options available to deal with the risk.
5.190Other appropriate options could be: contacting the police where life or physical safety are at risk; seeking an adjournment of a hearing or an extension of time; dealing with the urgent work via another level of service (eg Legal Help or Help at Court); or by the client taking urgent steps in person where that was reasonable.
5.191You should also consider whether it would be more appropriate to grant or amend a certificate under delegated functions (see para 5.202 below) before you submit an application to the LAA for decision.
Financial eligibility
5.192See chapter 3. See also ‘Funding from the client’s point of view’, para 5.148 above.
5.193Emergency representation may be granted without a full means assessment. This clearly has short term advantages for the client, but it creates a financial risk for the legal aid fund.
Revocation
5.194The client may turn out to be financially ineligible, may not co-operate with the means assessment, or may not accept an offer, should a contribution be required. In all of those circumstances the emergency certificate will be revoked (ie cancelled and the client treated as though he or she was never in receipt of legal aid).
5.195The client will be responsible for the full costs of his or her representation. In addition he or she will not have the protection from opponents’ costs provided by a representation certificate. You must therefore advise the client of this and give a costs estimate. If the certificate is revoked, you should submit a bill in the usual way; the LAA will pursue the client for the costs.
Merits test
5.196The appropriate merits test (see para 5.108 above) must be satisfied, as well as the urgency criteria.
5.197However, as the situation will be urgent, it may often be that only limited information is available. If so, emergency representation may be granted where it appears likely on the information available that the merits test will be satisfied.
Forms
5.198Emergency applications for civil legal aid certificates are made via CCMS in the usual way. Emergency amendments to limitations on existing certificates may also be made via CCMS.
5.199The LAA must receive the substantive application within five working days of the emergency grant. If you fail to submit the application, the emergency certificate only covers work done within the first five working days, and you will not be paid for work beyond that period.
Funding
5.200Emergency certificates will usually be limited to £1,350 (profit costs, counsels’ fees and disbursements, but not VAT), though you can grant a higher limit, or amend to a higher limit, as long as you do not go above £10,000 and as long as the costs only relate to urgent work.
5.201Emergency certificates only last for eight weeks, so you must ensure that you are covered by a substantive certificate from that date, or else you will not be paid. This time limit cannot be extended.