Re:Emergency Legal Representation Question

Im sure someone will know this

What exactly does Emergency Legal Representation, as granted by the LSC, cover?

I know that if your case is urgent, ie protecting yourself and/or children from abuse, your sols can apply (and you would still have to apply for LA in the usual way) but wondered if anyone has more specific examples of what ELR can be used for?

Thanks

Thank you to Dukey who just phoned to explain

An application for Emergancy legal Representation is usually approved the same day and covers
All ex-parte hearings
inc Enforcement of Ancillary Relief, existing proceedings, all section 8 child orders (inc emergency residency orders, emergency prohibited steps orders, abduction, etc).

Each County Court has its own list of which ex-parte hearings they will accept (all Courts accept all ex-parte child hearings).

Since May 2011, ELR is now valid for 8 weeks, as opposed to the previous time­frame­ of 4 weeks.

When my firm was offering public funding, the emergency certificates were granted by the solicitor using 'devolved powers'.

The written application was submitted and the emergency certificate was issued which covered you from the date you used devolved powers to grant the certificate.

There was no general certificate - the scope of the certificate was limited to the matters that were urgent whether this be injunction, Section 37 (to prevent funds or assets being moved), removal from jurisdiction etc.

The certificate usually contained a limitation which said that is was limited for 6 weeks unless a substantive certificate was issued in which case this would replace the emergency certificate.

Most courts accept emergency applications but it is not a matter of course that the application will be successful - an emergency has to be established before an order is made.

Charles

Charles, thank you very much