Supplementary Application for Authorisation to Instruct Counsel

in ALL proceedings in the MAGISTRATES COURT,

at TRIBUNALS, or in UNDEFENDED DIVORCES

Solicitors should refer to the legal aid legislation including the Civil Legal Services (General) Regulations (Northern Ireland) 2015 and consider the Guidance (Authorisation for counsel (including senior counsel) under ABWOR and Civil Legal Aid) issued from the Department of Justice and the Legal Services Commission when completing this form. Please include all documentation supporting your reasons why authorisation of Counsel is sought.

This document forms part of the Legal Aid Application form and must be submitted with that form where legal representation by Counsel is sought.

Name of Applicant
Name of Solicitor and Roll Number / Name and Address of Solicitor Firm
Legal Aid
Reference Number(s) / ICOS Reference No.
Please select type of legal aid sought and clearly identify the court tier:

Representation (Lower Courts) Representation (Higher Courts)

Family Proceedings Court / Magistrates’ Court (Children Order)

Magistrates Court (other than Children Order)
Tribunals (excluding MHRT and Parole Commissioners) - Please specify

Undefended Matrimonial Proceedings in the: County Court High Court
Where authority has previously been granted for Counsel in these proceedings, state the date of that authority, the representation details and any limitations imposed.
Date: Level of Counsel: Junior / Junior and Senior / Senior Only (delete where not applicable)
Name of Counsel:
Limitations:

Please specify the level of representation that you are now applying for:

Junior Counsel only Senior Counsel only

Junior and Senior Counsel
I request authority for Counsel as above for:

A specific step (or steps) in proceedings as follows:


All steps in proceedings including representation at hearing / trial
Section 1 - Other Party Details
Please provide details applicable to the opposing party (or parties)

The opposing party is: legally aided privately funded / fee paying or Other (please state)
If more than one opposing party please indicate position of respective parties

Please specify the level of representation engaged by the opposing party in the case:
Solicitor only Solicitor, Junior and Senior Counsel
Solicitor and Junior Counsel Solicitor and Senior Counsel
Iattach copies ofsupporting documents to this application where counsel has been engaged
OR
I have been unable to obtain details of the other parties representation and attach copies of my correspondence attempting to do so which have not been responded to.
Complete Section 2, 3 or 4 as is appropriate for your application
Section 5 MUST be completed in respect of all applications
Section 2–Representation (Lower Courts)and Tribunals
With reference to the Guidance (Authorisation for counsel (including senior counsel) under ABWOR and Civil Legal Aid) issued by the Department and the Commission, please provide details as to why prior authority is sought for Counsel in this case having regard to such factors as the gravity, seriousness or public importance at this court tier and for the case type in question. Demonstrate that the case (or part of the case which is the subject matter of application) could not be adequately conducted by solicitors normally providing representation in this court and merits representation by counsel. (This answer may be supplemented by an opinion from junior counsel).
On the facts of a particular case, please indicate whether representation by Senior acting alone, rather than more than one counsel is appropriate. If you have requested the continued support of junior counsel in addition to senior (or more than one) counsel, if granted, please explain your reasons for same.
Section 3 - Children Order Proceedings
Please specify ifthe application for which you seek counsel is

Private Law Public Law Both
Have proceedings been transferred to this court tier by a higher court? Yes / No

If Yes please state date of transfer and which

Transferred from: Family Care Centre High Court
Please provide copy of the transfer order, and state the reasons the higher court gave for transfer out of that jurisdiction, if not detailed on that order?
With reference to the Guidance (Authorisation for counsel (including senior counsel) under ABWOR and Civil Legal Aid) issued by the Department and the Commission, please provide details as to why prior authority is sought for Counsel in this case having regard to such factors as the gravity, seriousness or public importance at this court tier and for the case type in question. Demonstrate that the case (or part of the case which is the subject matter of application) could not be adequately conducted by solicitors normally providing representation in this court and merits representation by counsel. (This answer may be supplemented by an opinion from junior counsel).
On the facts of a particular case, please indicate whether representation by Senior acting alone, rather than more than one counsel is appropriate. If you have requested the continued support of junior counsel in addition to senior (or more than one) counsel, if granted, please explain your reasons for same.
Section 4 - Undefended Matrimonial Proceedings
With reference to the Guidance (Authorisation for counsel (including senior counsel) under ABWOR and Civil Legal Aid) issued by the Department and the Commission, please provide details as to why prior authority is sought for Counsel in this case having regard to such factors as the gravity, seriousness or public importance at this court tier and for the case type in question.
This should include details of the ancillary relief matters including the steps required to achieve early resolution, and how the benefit to the assisted person reasonably outweighs the additional costs to the legal aid fund.
Demonstrate how the case (or part of the case which is the subject matter of this application) could not be adequately conducted by solicitors normally providing representation in this type of case,at this court tier and merits representation by counsel. (This answer may be supplemented by an opinion from junior counsel).
On the facts of a particular case, please indicate whether representation by Senior acting alone, rather than more than one counsel is appropriate. If you have requested the continued support of junior counsel in addition to senior (or more than one) counsel, if granted, please explain your reasons for same.
Section 5 - Declaration
You are reminded of your on-going obligation to inform the Legal Services Agency (Northern Ireland) immediately of anydevelopments which may affect the continued merits of the case and this includes the levels of representation which may have been authorised.

  • I declare that the STATUTORY CHARGE does not apply in this case
OR
  • I declare that as the STATUTORY CHARGE may apply in this case I have advised the applicantof the additional cost implications, in terms of the potential application of the statutory charge, if authorisation is granted for the counsel sought. The applicant has confirmed by their signature to this form that they understand the potential application of the statutory charge. I have set out this advice in correspondence to the applicant.
  • I have also explained to the applicant the effect of a civil aid oremergency certificate being revoked or discharged.
  • I declare that I have personal conduct of this case and that I have personally checked the foregoing and am satisfied that all relevant sections have been fully and accurately completed.

Solicitors Signature
Printed Name
Contact Details:
Telephone
Email / Date
As the applicant in this case I confirm that the potential impact of the Statutory Charge has been explained to me and I accept that in certain circumstances I may have to repay monies to the Legal Aid Fund.
Applicants Signature
Printed Name
Date

For Official LSANIUse
Has the solicitor advised and are you satisfied as to the level of representation engaged by the parties? / Yes / No
Children order only - Has the matter of jurisdiction been considered and determined by the Court, and details provided? / Yes / No
Has the solicitor demonstrated that the specific issues presented merit the level of representation sought in this case, having regard to such factors as the gravity, seriousness or public importance of cases of this type in this court tier? / Yes / No
Has the solicitor provided satisfactory evidence that the case (or part of the case which is the subject matter of this application) and demonstrated how the case (or part of the case which is the subject matter of this application) could not be adequately conducted by solicitors normally providing representation in this type of case,at this court tier and merits representation by counsel. / Yes / No
Has legal aid been authorised for Counsel? / Yes / No

If Yes – I authorise Junior Counsel Junior and Senior Senior Counsel only
Please specify any limitations with the time and/or steps for which Counsel has been authorised:
Decided by:
(Print Name) / If Appropriate
Reviewed by:
(Print Name)
Signed: / Signed:
Dated: / Dated:

V2 – April 2015