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Legal aid question Does anyone know what this means

(12 Posts)
Flo67 Thu 06-Sep-18 19:42:53

I heard about my legal aid application today after waiting six months for a decision!

It has been awarded on financial assessment but she then said on the email the case is subject to merits being processed what does this mean? She said in her email she had expidited my case!

OP’s posts: |
MrsBertBibby Thu 06-Sep-18 19:45:57

It means they haven't yet decided whether your case deserves legal aid, ie is it a good case that meets the criteria for what kinds of cases should get funded.

Flo67 Thu 06-Sep-18 19:50:29

Okay I understand but what does it mean they are still to look at if they have said I qualify financially

I am in an abusive violent relationship and my husband has a non mol against him!

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Flo67 Thu 06-Sep-18 19:57:34

Just don’t understand what she means by legal merits are being processed

Does anyone know

OP’s posts: |
MrsBertBibby Thu 06-Sep-18 20:04:14

It means what I said. The Merits team need to consider the merits, now that the Means team have given you the nod. If they think your case is hopeless, or is not a case that deserves funding (ie over a trivial issue) then they will refuse. Then you can appeal.

It's a bit arse about face and insanely slow, but There's legal aid for you. That's why I packed it in.

ferrier Thu 06-Sep-18 20:07:08

Merits is to do with the likely chance of success:
www.gov.uk/government/news/civil-news-merits-criteria-regulations-amended-from-22-july

Flo67 Thu 06-Sep-18 20:07:54

Okay I understand now! What do you mean “ when you say there is legal aid for me!” That’s why you packed it I’m sorry bit dense

OP’s posts: |
Flo67 Thu 06-Sep-18 20:16:39

Okay thanks ferrier I had read that but it was as clear as mud! The success rate in this case is me getting divorced I am requesting legal aid For my non mol that was granted against my husband back in feb I was grant an emergency cert and since then I’ve been waiting for a substantial cert ( it’s taken so long as they lost my file! If it’s granted I will then apply to open it up to deal with my finances! So I don’t understand why they talk of success rates it’s not about success rates it’s about levels of negotiation. So I don’t get it,

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Flo67 Thu 06-Sep-18 20:18:09

Mrsbertbubby ingnore my question I was reading it in the wrong context

OP’s posts: |
ferrier Sat 08-Sep-18 16:08:36

My interpretation is (in no way an expert though do advise on related issues) that the chance of success in your case (divorce?) is 100% as you will be granted it on grounds of unreasonable behaviour (domestic abuse).
Or is the legal aid to contest finances? If it is, then it will depend on the likelihood of achieving your desired aim, with legal aid being granted if the chances of achieving this are 45/50% or more.

I am assuming that the the legal aid agency has accepted the domestic abuse already or is that still to be determined?

Flo67 Sat 08-Sep-18 22:52:27

Hello thanks for the reply It’s Big fat YES I got the award for financial and legal merits it was s substantial cert I was waiting for but all done now got word Friday!

OP’s posts: |
popsanddolls Thu 13-Sep-18 21:14:30

Okay I had this. I was granted legal aid and had to pay a small monthly amount towards it. What it means is they just need evidence to show the non mol. That's what my solicitor sent to them

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