Just a quickie as I have found myself in a bit of a sticky situation. I have been part funded by legal aid and had been asked to submit further means test forms in January, which I did. But now, only 1 day before position statements are due to be filed (still not filed because an indicated positive CAFCASS report has not been submitted to the courts and is very overdue and beyond extensions), and 8 days before the supposed final hearing, Legal Aid have stated that they have not received the forms and have suspended my certificate.
I am now in legal limbo, I have no idea what to do or how to go about things, I have been advised by my solicitor that they would require about £600 to go through the report, file a position statement and then attend court. Legal Aid have stated that should I pay this then I would not be able to claim it back if my means test forms go through okay.
Any advice on what to do folks, remembering that some people have a limited budget?
I think the question is, what would you do if the legal aid wasn't approved? Would you pay your solicitor to go ahead anyway? If so, then I would ask the solicitor if it's possible for him to do the work on the basis that if the legal aid doesn't come through, then you will pay him - it would be asking the solicitor to wait for payment in either case, but you are guaranteeing that if legal aid doesn't come through, he will still get his money.
On the other hand, if the legal aid was refused - if you would self represent, then I would do this for your final hearing.
I can't see any other way around this unless you can persuade the legal aid board to rush your case.