Help at CourtHelp at CourtAdvocacy in civil casesHelp at CourtAdvocacy in civil casesHelp at CourtAdvocacy in civil casesHelp at Court:merits testHelp at CourtAdvocacy in civil casesHelp at Court:merits testHelp at CourtAdvocacy in civil casesHelp at Court:merits testHelp at CourtAdvocacy in civil casesHelp at Court:merits testHelp at CourtAdvocacy in civil casesHelp at Court:housing casesHelp at CourtAdvocacy in civil casesHelp at Court:housing casesHelp at CourtAdvocacy in civil casesHelp at Court:housing casesHelp at CourtAdvocacy in civil casesHelp at Court:housing casesHelp at CourtAdvocacy in civil casesHelp at Court:who can provide advocacyHelp at CourtAdvocacy in civil casesHelp at Court:payment for advocacy servicesHelp at CourtAdvocacy in civil cases
Scope
15.6Work must be allowed within scope of the scheme (see chapter 3 and appendix G for more information).
15.7Help at Court is help and advocacy for a client in relation to a particular hearing, without formally acting as legal representative in the proceedings or being on the record at the court (Civil Legal Aid (Procedure) Regulations 2012 reg 5, see also para 6.9 of the Lord Chancellor’s Guidance on Civil Legal Aid). Help at Court only covers informal advocacy, usually by way of mitigation at individual court hearings. Ongoing representation can only be provided under a legal representation certificate.
15.8Help at Court is particularly 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. Note however that if it would be unreasonable for the court to make an order for possession in the circumstances, that can be treated as a defence to the claim for possession and a certificate should, assuming means and merits tests are met, be available. See chapter 11 for more. 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. It is not a stand-alone level of funding, but can only be granted as an add-on to a pre-existing Legal Help matter.
Merits test
The sufficient benefit test
15.9The merits test is that:
•it is reasonable to provide funding, taking into account the availability of alternative (ie non-legal aid) funding;
•there is likely to be sufficient benefit, having regard to all the circumstances of the case, including the circumstances of the client, to justify the costs; and
•the nature and circumstances of the client, the proceedings and the particular hearing are such that advocacy is appropriate and would be of real benefit.
1Civil 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.
15.10You must apply the test before every hearing and note the file with your justification. ‘Sufficient benefit test met’ is not an adequate justification.
15.11There 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 Legal Help escape threshold (three times the fixed fee).
15.12Where 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.
Specific areas of work
Housing cases
15.14Before making an application for a full certificate, you should consider the availability of Help at Court, and if it is more appropriate a certificate may be refused. Help at Court may be more appropriate where the client has no defence but seeks to influence the discretion of the court in relation to postponing possession or suspending eviction.
3Lord Chancellor’s Guidance on Civil Legal Aid para 6.9(b). Help at Court should not be used in any case where a certificate would be more appropriate (unless one has been applied for and refused) – in the above, for example, where the client does have a substantive defence to the possession proceedings, or where there is a substantial issue of fact or law or where the client should be formally represented in the proceedings.
15.15Neither should Help at Court be used where it is not justified, for example because it would achieve no more than would explaining to the client what steps they could take themselves or writing a letter on their behalf under Legal Help.
15.16See chapter 11 for more on housing cases.
Who can provide advocacy?
15.17Solicitors can attend court under Help at Court in circumstances where they have rights of audience – since it will almost always be the county court, that will be most cases. Advisers without rights of audience may provide 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 under Help at Court.
42013 Specification para 3.62, 2014 Specification para 3.62, 2015 Specification para 3.62.Payment for advocacy services
15.18Advocacy under Help at Court – and associated preparation, attendance, travel and waiting – is claimable as part of the main Legal Help matter. The costs are included within the fixed fee, and may be taken into account in determining whether the case becomes an escape fee case – if it does, the costs will be payable at hourly rates.