Legal aid: Forms

advertisement
LAA civil forms change guide
This document lists the form changes for the August 2014 update. Please note that this is a guide to the changes but you should check the
new versions of the forms to see the relevant updates.
Form Name
CIVAPP1 - Application for
Civil Legal Aid
Changes
Page 1 – Version control. Version 16.
‘By fax’ has been removed from the option asking if an emergency certificate been granted on CIV APP6 at the
top of the page.
Page 5 – Reference to ‘our website’ has been changed to ‘Justice website’ in the wording below the Type of
Case heading and in the Crime/Civil (judicial review) option.
Page 7 – The wording at the bottom of the Applications for Full Representation section ‘If you have ticked
boxes..’ has been removed.
Page 12 - Reference to the MoJ website has been changed to Justice website in the Privacy Notice
Page 13
Amendments to the solicitor’s contract details have been made in the final point in the Certification.
The Representative Nomination Section has been added.
Page 15 - The duplicate reference to Partner’s L17 has been removed and an option.
Version control
CIVAPP3- Application for
Civil Legal Aid
Page 1 – Version control. Version 20.
‘By fax’ has been removed from the option asking if an emergency certificate been granted on CIV APP6 at the
top of the page.
1
Form Name
Changes
Page 4 – Option C ‘Borderline and Uncertain’ in the Prospects of Success section at the bottom of the page has
been replaced by separate options C-Borderline and D Uncertain. The wording below has been amended to
reflect only option D. Merits regs has also been changed to Merits Regulations in the wording below the
section title.
Page 6 – The names of the courts in the court details section have been changed to: Family Court, High Court
or Court of Appeal.
Page 12 – Reference to the MoJ website has been changed to Justice website in the Privacy Notice.
The contract details have been amended in the final point in the certification.
CIVAPP5 - Application for
legal aid in Special Children
Act 1989 Cases
Page 13– The Representative Nomination Section has been added.
Version control.
Page 1 – Version control. Version 14.
‘Official – Sensitive’ protective marking has been inserted at the top of the form.
Page 2 - The Representative Nomination Section has been added.
Page 3 – Type of Case section has been moved to the bottom of the page from page 4.
Page 4 – The Related Proceedings Section has been added.
Page 6 – Reference to the MoJ website has been changed to Justice website in the final sentence of the Privacy
Notice.
Version control.
2
Form Name
CIVAPP6- Emergency
Application
Changes
Page 1 – Version control. Version 12.
A field for National Insurance number has been inserted above Marital Status in ‘Your client’s details’ and point
iv) in the Certification section has been reworded to reflect current regulations.
Amendments to the solicitor’s contract details have been made in the final point in the Certification
Page 2 – A reminder for judicial review applications has been inserted beside the page heading.
Page3 – New section for CFA’s inserted.
Page 4 – The wording below the options A-F has been amended to remove reference to option D and
additional wording has been added below the ‘All other relevant information’ title.
Page 5 – New section for judicial review applications.
CIVAPP8 - Application for
amendment or prior
authority in civil cases
Page 9 – Version control.
Page 1 – Version control. Version 17.
Page 2 – ‘Family (including public law children)’ option reinstated in Type of Case section.
Wording ‘including where the current amendment is to change the form of service from Family Help Higher to
Legal Representation’ inserted in Primary Proceedings section.
Page 11 – Check boxes and a text field have been inserted at the top of the page to ascertain whether the
experts used met the required standards.
3
Form Name
CIVAPP8A - Application for
prior authority/change to
cost limitation
Changes
The contract details have been amended in the final point in the certification
Version control.
Page 1 – Version control. Version 4.
Page 3 – Check boxes and a text field have been inserted at the bottom of the page to ascertain whether the
expert used met the required standards.
Page 6 – Version control.
ADMIN1 – Preservation or
recovery under the statutory
charge request to postpone
enforcement
Page 1 – Version control. Version 12.
Page 2 – The ‘Agency’ replaced by ‘Legal Aid Agency (LAA)’ in the third point below ‘What is the value of the
property recovered or preserved?’
Page 3 – Legal Aid Agency replaced by LAA in first option below ‘Paying the Charge’ heading.
Page 4 – ‘Agency’ replaced by ‘LAA’ in the wording below the page title and ‘the charge’ replaced by ‘the Lord
Chancellor’s charge’.
References to the charge amended to read ‘the Lord Chancellor’s charge’ in the two paragraphs below the first
yes/no options.
‘Agency’ changed to ‘LAA’ and reference to the charge changed to ‘the Lord Chancellor’s charge’ in the
wording below the penultimate yes/no option towards the bottom of the page.
Page 6 – Reference to the MoJ website has been changed to Justice website in the final sentence of the Privacy
Notice.
4
Form Name
Changes
References to the Legal Aid Agency and ‘the Agency’ have been changed to LAA in the final sentence of the
client’s declaration.
Page 7 – A full definition of the LAA has been inserted and the definition of the regulations updated.
The word ‘Agency’ has been replaced by ‘Lord Chancellor’ in point 1 at the bottom of the page and the
wording in 2(a) extended to clarify the regulations.
Page 8 – Version control.
CIVMEANS1 - Financial
Assessment Form
Page 1 – Version control. Version 17.
Page 3 – Question 3 has been reworded and an additional part for students only added.
Page 12 – A second bullet point ‘Please include details of any savings accounts opened for your child
dependants’ has been added below question 1.
Page 21 – Version control.
CIVMEANS2 – Financial
Assessment Form
Page 1 – Version control. Version 11.
Page 2 – ‘Other People’ section (from P9 MEANS1) has been inserted above the question ‘Does anyone else
give you or your partner any financial help?’ at the bottom of the page.
The checkboxes below this question have been amended to reflect that the part requesting the details has
been moved to page 3.
Page 3 – A second bullet point ‘Please include details of any savings accounts opened for your child
dependants’ has been added below question 1.
5
Form Name
Changes
Page 6 – The wording of question 12 has been extended to include reference to redundancy payment.
CIVMEANS3 - Financial
Assessment Form
Page 13 – Version control.
Page 1 – Version control. Version 11.
Page 4 – ‘How many hours do you normally work’ added to question 1.
Page 5 – Question 3 has been reworded and an additional part for students only added.
Page 11 – Two additional bullet points requesting bank details and statements have been added to question 1.
Page 17 – Version control.
CIVCLAIM1 – Claim for
assessment of costs or
payment of costs following
detailed assessment in civil
cases.
Page 1 – Version control. Version 16.
Page 3 – “If you have instructed counsel in the Family Proceedings Court but not received authority to do so,
set out your reasons:’ has been removed from the bottom of the Bill to be assessed by the LAA section.
Page 6 – A table to show the apportionment of expert’s fees where they have been jointly instructed has been
inserted. Subsequent pages have been renumbered.
Page 11 – Version control.
CIVCLAIM1A – Claim for
Page 1 – Version control. Version 7.
costs in fixed fee family cases
Page 2 – Reference to pages 10 & 11 has been changed to 11 & 12 in the point below ‘Recoveries’ at the
bottom of the Outcome of case section,
6
Form Name
Changes
Page 3 – ‘In front of whom did the case finish’ has replaced ‘In which court did the case finish’ at the bottom of
the page and the options amended to reflect the type of judge in place of the courts.
Page 4 - In front of whom did the case finish’ has replaced ‘In which court did the case finish’ in part B) and the
options amended to reflect the type of judge in place of the courts.
The page numbers referring to various sections in part C) have been amended.
Page 5 – Check boxes and a text field have been inserted in the Expert Invoice Details section to ascertain
whether the experts used met the required standards and the ‘Other Disbursement details’ section moved
over the page.
Page 6 - A table to show the apportionment of expert’s fees where they have been jointly instructed has been
inserted. Subsequent pages have been renumbered.
Page 7 – The second column heading in the Advocacy costs under FAS table has been changed from ‘Level of
Court’ to ‘Type of Judge HCJ D/CJ L/C’.
Page 10 – The page number in the point below ‘Additional information’ at the top of the page now refers to
the Schedule on page 9 instead of page 8.
CIVCLAIM5 – Claim for
Family Graduated Fee
Page 12. Version control.
Page 1 – Version control. Version 11.
Page 6 – Additional words ‘before lay justice or justices' clerk’ added to Cases in the Magistrates Court section
title.
7
Form Name
Changes
Page 7 – Version control.
CIVCLAIM5A – Claim for
Family Advocacy scheme
(Counsel)
CF1A - Counsel Claim Form
CW1&2Legal Help and
Controlled Legal
Representation - Mental
Health.
Page 1 – Version control. Version 4.
Page 3 – Level of Court has been changed to Type of Judge HCJ D/CJ L/C in the second column in the schedule
of payments claimed.
Page 5 – Version control
This is a new form to be used in place of form CF1.
Page 1 – Version control. Version 10.
Page 2 – Reference to section 9.15 of the 2010 Civil Contract Specification below the Matter Type heading has
been changed to 7.14 of the 2014 Standard Civil Contract Specification.
Page 4 – The first paragraph now refers to the 2014 Standard Civil Contract Specification.
Page 5 – The references to the contract specification in the option for Accepted a postal or faxed application
have been changed from 3.16 of the 2013 specification to 3.14 - 3.17 2014 Standard Civil Contract
Specification.
Page 6 – Reference to the MoJ website has been changed to Justice website in the final sentence of the Privacy
Notice.
Page 8 – Version control.
CWC - Mental Health
Application for Prior
Page 1 – Version control. Version 4.
8
Form Name
Authority to incur enhanced
rates for Counsel
Changes
Page 2 - The contract specification at the top of the page has been changed from:
‘For full details please see sections 9.43 to 9.47 of the Mental Health Specification in the 2010 Standard Civil
Contract’
to:
‘For full details please see sections 7.42 to 7.45 of the 2014 Standard Civil Contract Specification: Mental
Health Category Specific Rules’.
Version control.
CW3 - Application for
extension of Upper Cost
limit - Controlled Work
(Non Immigration Matters)
Page 1 – Version control. Version 6.
The submission details below the form title have been changed from London to Liverpool.
Page 2 – A section has been inserted below the Declaration giving full submission details.
Version control.
CW4 - Application for Review Page 1 – Version control. Version 10.
of Refusal or Withdrawal of
A new address panel for the return address has been inserted below the Provider Details section.
Controlled Legal
Representation
The Mental Health and Civil Escape Team details replace the instruction to look at the website at the bottom of
the page.
ECCLAIM1 CIV - Escape Fee
Case Claim Form
Page 2 – Version control.
Page 1 – Version control. Version 6.
Have you attached section has been moved to page 2 and the LAA only section has been removed.
Provider Details section has been moved to the top of the page and amended to include the address and DX
9
Form Name
Changes
number.
A request to attach the IT Based Running Order for Costs has been added at the bottom of the page as the
schedule of time spent has been removed from page 2.
Page 2 – The Disbursement table has been amended to include a column for the date and to request NET, VAT
and total amounts of each disbursement and the total of each column at the bottom.
Version control.
ECCLAIM1 IMM - Escape Fee
Case Claim Form
Page 1 – Version control. Version 8.
Provider Details section has been amended to include the address and DX number.
Legal Help and CLR claims have been split into separate sections with additional fields added. The stage
reached, outcome code and matter type fields have been removed and the stage disbursement and additional
information fields moved over the page.
Page 2 – The ‘Disbursement - Cost and Justification’ has been added.
Page 3 – A new section for Relevant Information has been added. Checkboxes for attached information have
been inserted in the Provider Certification.
Version control.
ECCLAIM1 MH - Escape Fee
Case Claim Form
Page 1 – Version control. Version 7.
The ‘Have you attached’ section has been moved to the back page and Provider Details amended to include
the address and DX number.
10
Form Name
Changes
The Summary of Costs has been moved to this page from page 3.
Page 2 – The Mental Health Fees section and the Breakdown of Costs have been moved to this page from page
3 and the Relevant Case Information has been moved from this page to page 3.
A column for the date has been inserted in the Disbursement section.
Page 3 – Relevant Case Information moved from page 2
Required Information Section moved from page 1.
Have you attached? fields moved from page 1.
Version control.
Notice of Issue of Certificate
Notice of
Extension/Amendment of
Certificate
Notice of Withdrawal or
Revocation of Certificate
Page 1 – Version control. Version 3.
Reference to Part 1 of the Procedure Regulations has been changed to Part 4 in the wording above the form
title and the first bullet point in the Note to Client's Solicitor.
Family court has been added next to County court at the top of the page.
Page 1 – Version control. Version 3.
Family Court has been added next to County court at the top of the page and reference to Part 1 of the
Procedure Regulations has been changed to Part 4 in the first and second bullet points in the Note to Client's
Solicitor.
Page 1 – Version control. Version 3.
Family Court has been added next to County court at the top of the page.
11
Download