Civil legal aid scope: possession of the client's home v excluded services (LASPO Sch 1)
Five people visit a legal aid drop-in clinic run by an SRA-authorised firm in Sheffield. Each would meet the financial eligibility and merits criteria if their matter is within scope. Jade wants to sue a supermarket after slipping and breaking her wrist. Rashid wants to defend a possession claim his landlord has issued against his home. Ewa wants to sue a neighbour for defamation. Thomas wants advice on a dispute about a family trust. Precious wants to sue a neighbour for trespass to land over a disputed boundary.
Whose matter is within the scope of civil legal aid under Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012?
Choose one answer to see the reasoning.
Worked answer
Correct answer E: Rashid's defence of the possession claim.
THE RULE TO REMEMBER
Civil legal aid covers services listed in LASPO Sch 1 Pt 1, including defending possession of the client's home (para 33); excluded services in Pt 2 include personal injury, defamation, trespass to land and trust law.
Civil legal aid scope: possession of the client's home v excluded services (LASPO Sch 1)
Since LASPO 2012, civil legal aid is available only for services described in Part 1 of Schedule 1, and the client must also satisfy the means and merits tests. Paragraph 33(1) of Part 1 covers civil legal services provided to an individual in relation to court orders for sale or possession of the individual's home, or eviction from it. Rashid's defence of his landlord's possession claim falls within paragraph 33, so his matter is in scope. Part 2 of Schedule 1 lists excluded services, which are outside Part 1 unless Part 1 provides otherwise: personal injury (para 1), trespass to land (para 5), defamation (para 7) and matters of trust law (para 11). Jade, Precious, Ewa and Thomas therefore fall outside scope and would need other funding, such as a conditional fee agreement.
Why A is wrong: Personal injury claims are excluded services under Sch 1 Pt 2 para 1.
Why B is wrong: Claims in tort for trespass to land are excluded under Sch 1 Pt 2 para 5.
Why C is wrong: Defamation is an excluded service under Sch 1 Pt 2 para 7.
Why D is wrong: Matters of trust law are excluded under Sch 1 Pt 2 para 11.
A little more practice done.
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