Wilsons Solicitors

CLSF is not generally available for anything that does not involve a court. Using a lawyer when moving house, for example, is not covered. Tribunals are not normally covered either, as they are not courts however similar they might look.

If you can, the government will usually insist that you do so instead of using public money. We can advise you on whether the case can be done on 'no win no fee' terms.

Bear in mind that in most cases if you satisfy condition 2 above (because no lawyer will do the case for you on 'no win no fee'), the chances are this will be because the case does not have good prospects of success, which means that you will fail to satisfy condition 3. And vice versa. There are however occasionally cases (some family and defence cases for example) for which 'no win no fee' is not available however good the case is. It is these slightly unusual sorts of cases that might satisfy both conditions 2 and 3.

Eg if the case affects other people as well, they can fund it. The government is keen to ensure that a group of people with the same case to put do not manipulate public funds by putting the poorest forward to get CLSF for their case. It may well insist that the others pay for it. Or you might have legal expenses insurance (perhaps linked to household or motor insurance or credit cards etc).

For example, no CLSF is generally available for uncontested divorce (as opposed to arguments about money and children that sometimes arise out of divorce) or for libel proceedings or Coroners' Courts.

In practice, if a case satisfies conditions 1 to 5 it will almost always satisfy condition 6 as well. But there can be exceptions.

Capital includes the value of assets like your house shares savings insurance policies and so on. If you live with a partner you have to include their capital too. You can however ignore the first £100,000 of the equity in your home, and ignore the value of what the case is about, and ignore another small amount. All these figures are changed by regulations each year. Any other capital has to be spent on the case first before the government will grant CLSF assistance.

Sometimes this criterion does not apply (eg in certain cases involving children).

This includes not just earnings but investment income and maintenance payments received and benefits, for example. If you live with a partner you have to include their income too. You can however ignore certain very small allowances. The precise amount of these varies every year, but in practical terms it is usually true to say that if either you or your partner (if any) is a full time earner you will probably have more income than the allowances, and so you will not satisfy this condition.

Sometimes this criterion does not apply (eg in certain cases involving children).