EMERGENCY MATTERS

Having reread a past article by David Burrows on difficulties with payment for emergency legal aid work (see [1999] Gazette, 1 December, 36), I find...Having reread a past article by David Burrows on difficulties with payment for emergency legal aid work (see [1999] Gazette, 1 December, 36), I find that I am now in a similar position.

In two particular cases, my firm carried out emergency legal aid work to obtain injunction orders for the clients.

Both clients were granted emergency legal aid, and this firm then carried out work on their behalf to obtain the injunctions.

Unfortunately, both clients failed to produce the completed legal aid forms to send to the Legal Services Commission within five working days of the grant of the emergency certificate.

I received letters from the LSC in both cases saying that as the full application had not been received, the application has been treated as abandoned and the provisional grant of emergency legal aid is nullified.

The letters went on to say that no claim for costs could be made.

I have referred them to the Civil Legal Aid (General) Regulations 1989, but the LSC is still unwilling to accept my position that it does not have the power to nullify emergency certificates.

I have therefore issued procee-dings against the LSC for payment of this firms costs and counsels fees.

I understand that a number of other firms are experiencing problems with nullification and non-payment and would like to have their cases heard with similar claims.

Has anyone else had such experience and difficulties with emergency legal aid certificates? If so, please contact me on 01635 45595 or by e-mail on ascott-malden@hoiles.co.ukAlexandra Scott-Malden, solicitor, Charles Hoile, Newbury, Berkshire