Cancellation of Legal Aid
Cancellation of Legal Aid
In addition to the Director of Legal Aid’s discretion to refuse legal aid,* the Legal Aid Board may cancel the legal aid which has been granted to you, for various reasons, for example:
- Where you have failed to pay your assessed contribution or any payment due to LAB for more than 30 days after the time you were supposed to pay
- Where LAB finds out new information, or your circumstances change, and this new information/the changed circumstances means that you are no longer financially eligible for legal aid
- Where your lawyer assesses that you no longer have any reasonable grounds to bring, continue with or defend a case in court
- Generally, where it is unreasonable for you to continue receiving legal aid. For example, you refuse to accept your lawyer’s advice or comply with Court directions, you remain uncontactable despite numerous attempts by LAB to contact you, you have been abusive towards your lawyer, you have refused to provide information your lawyer has asked you for, or provided false information etc.
*The Director of Legal Aid may refuse legal aid, even if the applicant has passed the Means and Merits Tests, if it appears to him unreasonable that the applicant should receive it in the particular circumstances of the case, for example if there is a third party whose interests are aligned with the applicant’s, who could afford to fund the litigation, and who would also benefit from the litigation.
What happens after legal aid is cancelled?
We will inform you in writing that you will no longer be legally-aided and that LAB will proceed to close your file. If there are on-going Court proceedings, you will have to engage your own private lawyer or represent yourself in the said proceedings.