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Family Solicitors

Breakthrough Ruling for Victims of Domestic Abuse seeking Legal Aid (9 February 2021)

Date: 09/02/2021
Duncan Lewis, Family Solicitors, Breakthrough Ruling for Victims of Domestic Abuse seeking Legal Aid

Many victims and survivors of domestic abuse have faced extreme difficulties in obtaining legal aid to fund court applications for orders such as non-molestation, and child arrangements orders. This issue was a result of having so-called “trapped capital”. The notion that individuals who have suffered domestic abuse are being refused legal aid as a result of ‘owning’ effectively, imaginary capital, is both unjust and unbelievable. Victims of domestic abuse should not be penalised for owning property with their abuser. To not permit them to progress with a legal aid application is entirely wrong on a moral level. Where an individual is denied legal aid, they may find themselves having to face their abuser in court without the help of a solicitor or barrister to represent them: a grim and daunting prospect. R (on the application of GR) v Director of Legal Aid Casework & Anor [2020] EWHC 3140 (Admin) (24 November 2020) is a landmark case which provides clarity for victims of domestic abuse. At Duncan Lewis Solicitors we applaud and welcome the outcome of this case as it means many clients who sought our services in the past, but were denied legal aid, may now find themselves eligible. Background of GR v Director of Legal Aid Casework The party who was seeking legal aid in this case was in receipt of universal credit and had only £28 in her bank account. She was denied legal aid due to co-owning a property with her ex-partner. The property was valued at £650,000 and because of this she was denied legal aid as her disposable capital was assessed to be well above the threshold. This was in spite of the fact she could not sell or borrow against the property to fund legal representation without her ex-partner’s consent which he was withholding. How does GR v Director of Legal Aid Casework help provide clarity for domestic abuse victims? In this case the High Court ruled that victims of domestic abuse should not be denied legal aid because they have ‘trapped capital’ in homes which cannot be sold or borrowed against. Following this ruling, the director of the Legal Aid Agency should now be using their discretion over whether legal aid should be granted to domestic abuse victims and survivors where they have capital trapped in a property which cannot realistically be sold or borrowed against. Going forward, the Legal Aid Agency will be having to reassess whether the aggrieved party in the case of GR - and many other women or men in her position - should be granted legal aid. The Legal Aid Agency’s strict interpretation of the rules has not been upheld by the High Court and rightly so as it is unjust to expect victims of domestic abuse to sell their property in order to fight for justice in court against their abuser. How can Duncan Lewis Solicitors help you? Although we are still awaiting further guidance from the Legal Aid agency in relation to this judgements application, this judgment can be relied upon now. Therefore, please do not hesitate to contact us if you feel this judgment may apply to your circumstances. Despite the current situation around Covid-19 which has made face-to-face interviews difficult, we are still able to assist clients via telephone and email. Therefore, we are happy and able to advise on your eligibility for legal aid and assist with any application. Author Jaspreet Rai, is a caseworker in the family and child care department based in the Birmingham office working under the supervision of solicitor Julie Mcnamara. Contact Jaspreet Rai on 02072752569 or at Jaspreetr@duncanlewis.com Contact Julie Mcnamara on 02072752670 or at Juliemc@duncanlewis.com


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