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11.48The LAA contracts with a number of organisations to provide duty representation to individuals appearing in the county courts in possession proceedings. There is only one provider per court, though individual contracts may allow the provider to use agents to cover some sessions. Representation at a court duty session is not means or merits tested, and will include the writing of an advice letter following the hearing. However, where a client needs further advice, that will be means and merits tested, and subject to the scope provisions, in the usual way. Where you have advised a client on a duty scheme who was in court for mortgage possession, you will need to refer the client to the telephone gateway unless they are exempt or you can go straight to full legal representation in appropriate cases. Further information about the operation of the duty schemes can be found in the LAA’s housing possession court duty scheme guidance.
1See www.gov.uk/government/publications/housing-possession-court-duty-schemes-hpcds.11.49You cannot ask a client to sign a Legal Help form for a housing case at a court duty scheme, as this work is funded under a separate schedule, and is paid at a fixed fee per client seen.
2Standard Civil Contract Specification 2013 para 10.19.11.50If the client’s case needs further work, you can ask the client to come to your office and sign a Legal Help form (subject to the usual rules in relation to means and merits).
11.51However, you cannot then claim a fee for advising that client under the court duty scheme.
3Standard Civil Contract Specification 2013 para 10.24. It is very important that you have systems to prevent double-claiming in error in these circumstances. If you open a housing Legal Help case within six months of having advised the same client on the same case at a duty scheme you will not be entitled to the court duty payment for that client, so your systems will need to allow you to identify such cases and where necessary notify the LAA to rescind a payment already made against your court duty schedule.
11.52The LAA is proposing to re-tender for new court duty contracts starting in April 2018, on a partly price-competitive basis. See chapter 18 for more.