Legal Notices & Transparency

Legal Aid is only available for individuals (not for businesses). This is means tested and you should ask us for further advice on this if needed. In general terms, very limited legal aid funding is available to pay for attendances at police stations. A more comprehensive scheme of funding is available for Magistrates and Crown Court proceedings however this is subject to means testing.  

We point out that, when completing a financial information form for the purposes of means testing, you are obliged to give full, truthful and accurate details of your means. You are also obliged to inform the Legal Aid Agency of any change in financial circumstances after you submit a means testing form. If you do not inform the Legal Aid Agency of any reduced financial circumstances within 28 days of the change then you may not be able to backdate a revised means assessment to the date of the change of circumstances. Alternatively, if you fail to inform the LAA of an increase in financial circumstances then you could be liable to compensate the Legal Aid Agency for funding that was improperly obtained, you could also be liable to criminal prosecution. 

Some further details in relation to Legal Aid are below: 

Do you have to pay for your case in the Magistrates’ Court?  

We can apply for Legal Aid to cover your case in the Magistrates’ Court, and can ask you to complete the application forms. The decision to award Legal Aid is made on the basis of both the details of your case (called the Interests of Justice Test) and the financial information you provide (called the Means Test). It is therefore very important that you complete the forms accurately and (where necessary) send evidence to support the information you provide. If  

you do not tell the truth on your legal aid application about your income, assets and expenditure you could be prosecuted.  

If you are under 18 or on certain benefits you do not need to pay for the work we do for you in the Magistrates’ Court. These benefits are Income Support, Income-Based Job Seeker’s Allowance, Universal Credit, Guaranteed State Pension Credit and Income-related Employment and Support Allowance. You need to provide your National Insurance Number so that the benefit can be checked.  

In all other circumstances your finances will be assessed to decide whether you are eligible for Legal Aid. Your annual household income and family circumstances will be taken into account  

and then:  

• If your annual household income is £12,475 or less you get free Legal Aid  
• If it is £22,325 or more you are not eligible for Legal Aid  

The assessment of your income makes an allowance for a partner or any children that you have living with you so it is important that you include details of these on the form.  

If your annual household income is more than £12,475 but less than £22,325 then the Legal Aid Agency will look at your disposable income. This is the money you’re left with after you’ve paid your main bills. A standard amount is allowed for some bills such as gas, electricity and insurance, and there is an allowance for a partner and/or any children. If you’re left with:  

• £3,398 or less a year (£283.17 or less a month) you get free Legal Aid. 
• More than £3,398 a year (£283.17 a month) you are not eligible to receive Legal Aid in Magistrates Court proceedings although you may receive Legal Aid for Crown Court proceedings provided that your disposable income does not exceed £37,500. 
• If your annual household disposable income exceeds £37,500 then you are ineligible for legal aid in either the Magistrates Court or the Crown Court. 

If you don’t think you can afford to pay privately, or you think that a mistake has been made, you can ask for a review of your Legal Aid assessment.  

Do you have to pay for your case in the Crown Court?  

If your case is heard in the Crown Court your financial situation will be assessed with one of the following outcomes:  

• You don’t have to pay for the work that we do for you because you have been awarded Legal Aid to cover all your costs 
• You have to pay a contribution towards our costs because you can afford to pay from your income, capital or both  
• You have to pay privately for all the work that we do for you.  

You will be asked to provide evidence of your income and assets. If you do not provide this evidence, your payments could be increased. If you do not tell the truth on your legal aid application about your income, assets and expenditure you could be prosecuted.  

You will not have to pay towards the costs of your case if you are under 18 when you make your application or if you receive any of the following benefits: Income Support, Income-Based Job Seeker’s Allowance, Universal Credit, Guaranteed State Pension Credit and Income-related Employment and Support Allowance.  

If your annual household disposable income is £37,500 or more (the money you’re left with after you’ve paid your main bills, and taking into account your family circumstances, such as a partner and/or any children) then you will not be eligible for Legal Aid and you will have to pay privately for any work that we do for you.  

You will have to pay a contribution towards the costs if your annual disposable income is above £3,398. A standard amount is allowed for some bills such as gas, electricity and insurance, and there is an allowance for a partner and/or any children. Where you are required to pay towards your legal costs, you will receive a Contribution Order from the Legal Aid Agency giving details of how much you must pay, and how to make the payments. The first payment will be due within 28 days of your case being committed, sent or transferred for trial. The payments will be collected by a private company on behalf of the Legal Aid Agency, and they will also write to you. You must tell the court about any changes to your financial circumstances during your case because a change may affect the amount you have to pay towards your defence costs. If you don’t think you can afford to pay, or you think that a mistake has been made, you can make an application for review to the Legal Aid Agency.  

At the end of the case, if you are found not guilty, any payments you have made will be refunded with interest. If you paid late or not at all and action was taken against you, the costs of this action will be deducted from the refund. 

If you are found guilty, you may also have to pay towards your defence costs from any capital assets you may have. This would only apply if:  

• You have £30,000 or more of assets, for example: savings, equity in property, shares or Premium Bonds; and  
• Any payments you have already made have not covered your total defence costs.  

You will be told at the end of your case if you have to make a payment from capital. The Collection and Enforcement Agency for the Legal Aid Agency will notify you of the amount you owe once your legal costs have been finalised. 

You may find that you already have an insurance policy to cover your legal costs. This can be a part of your buildings or contents insurance (for example). We would recommend that you check those policies (and other relevant policies) to see if such cover is provided. If it is, you need to get in touch with your insurer straight away to see if they will cover your claim. Some insurers have their own panels of solicitors, so you will also need to check that your insurers will cover us for acting for you. 

Even if you have this type of cover, any work which we do on your behalf prior to confirmation of cover from your insurer will be at your expense, regardless of whether cover is subsequently granted or not. 

Often LEI covers not only the costs we incur in acting for you, but also all or part of any costs that you are ordered to pay the other side.  

In this case, you are responsible for paying our fees, including disbursements and VAT.  

Disbursements typically include the following:

• Travel in relation to journeys to court or to any location outside our office for the purpose of furthering a client’s case. this is charged at 45 pence per mile for car journeys or, for journeys by public transport, the precise cost of the return journey.
• Counsel’s fees (if appropriate).
• Expert witness fees (if appropriate).

Whenever we charge VAT we do so at the standard rate that is applicable at the time (20% since the 4th of January 2011 and still the applicable rate in January 2022 when this information was last updated).

A consequence of funding litigation on this basis is that you may also be responsible for paying the costs of your opponent. This liability can arise in two situations: 

1. During the course of the case there may be “interim” hearings and matters which you could win or lose. If you lose one of these, then you can be ordered to pay the costs associated with that interim matter/hearing (regardless of the outcome of the case as a whole) in which case the costs will be payable within 14 days of the date of the order; 

2. At the end of the case, if you lose at trial or agree to pay your opponent’s costs as part of any settlement.  

If you are successful at the end of your case you may entitled to recover some of your legal costs but this entitlement is restricted: 

• An acquitted or otherwise successful defendant in the Magistrates Court may be able to recover his legal costs but the amount he can recover will be limited to the amount that would be payable under specified Legal Aid rates. 
• An acquitted or otherwise successful defendant in the Crown Court may be able to recover his legal costs but only if the LAA has made a determination of financial ineligibility in relation to that defendant in those proceedings. Even then, the amount to be recovered will be limited to the amount that would be payable under specified Legal Aid rates. This means that, should you wish to recover part of your private costs at the conclusion of your privately funded case, you should first apply for (and then be refused) Legal Aid.  

Hourly Rates 

Save as otherwise communicated to you, the following hourly rates will be charged to you for work done: 

Fixed Fees 

If you are charged a fixed fee then that fee will cover all of the work that is detailed under the fixed fee heading, no matter how long that work takes. The advantage for the client is that a fixed fee provides certainty in relation to costs but it is important to note that, once work has commenced on the matter, the fee is not refundable under any circumstances.  

We will always discuss a fixed fee with you before deciding to charge you on that basis. We will not charge any fixed fee unless it has been agreed by you in advance. 

Summary only motoring offences under Part 1 of the Road Traffic Act 1988 and Section 89 of the Road Traffic Regulation Act 1984

The following information relates to matters that are dealt with at a single hearing (not including trial). Should your matter not be dealt with at a single hearing, or should it proceed to trial, you will be provided with separate information about the likely overall costs of the matter, both at the time of your engagement and as the matter progesses.

These matters may be dealt with by any member of this firm, details of whom are provided on the profiles page of this website.

Summary only cases are those which can only be heard in the magistrates’ court. Offences under the above legislation include the following:

• No insurance: Road Traffic Act 1988, s.143
• Speeding: Road Traffic Regulation Act 1984, s.89 (10)
• Careless driving (drive without due care and attention): Road Traffic Act 1988, s.3
• The use, whilst driving, of a hand-held mobile phone or other device: The Road Vehicles (Construction and Use) (Amendment) (No 4) Regulations 2003
• “Totting up” and exceptional hardship
• Excess alcohol (drive/attempt to drive): Road Traffic Act 1988, s.5 (1) (a)
• Unfit through drink or drugs (drive/attempt to drive): Road Traffic Act 1988, s.4(1)
• Unfit through drink or drugs (in charge): Road Traffic Act 1988, s.4(2)
• Fail to provide specimen for analysis (in charge): Road Traffic Act 1988, s.7(6) Road Traffic Act 1988, s.7(6)
• Fail to stop/report road accident: Road Traffic Act 1988, s.170 (4)
• Special reasons
• Drive whilst disqualified: Road Traffic Act 1988, s.103

The cost of advice and representation of such matters at a single hearing will range between £1,000 and £2,500 plus VAT and expenses/disbursements. The precise cost will depend on the amount of time it takes to work on the matter (normally between 5 and 10 hours) and will depend on the following factors:

• The volume and complexity of the evidence
• The length and complexity of a client’s instructions on the circumstances of the case
• The complexity of the relevant law
• Travel time to and from court

The work that will be done on a case includes:

• Considering the evidence and taking instructions
• Providing advice in relation to plea and likely sentence and advising in relation to mitigation
• Advice on the options available to the court in relation to sentencing
• Advice on whether an exceptional hardship or special reasons argument should be made
• Preparation for a single hearing at the Magistrates’ Court (not including a trial)
• Representation at the hearing

Please note that there may be an extra fee for the following work, if appropriate:

• Taking statements from, or examination of, witnesses
• Advice on an appeal
• Advice as to sourcing expert witnesses or the instruction of any expert