Illegal Agreements

Lord Chancellor written question – answered on 12th April 2002.

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Photo of Mr Andy King Mr Andy King Labour, Rugby and Kenilworth

To ask the Parliamentary Secretary, Lord Chancellor's Department

(1) what assessment he has made of the policy of the Legal Services Commission in supporting actions to enforce illegal agreements; and if he will make a statement;

(2) whether it is his Department's policy that the Legal Services Commission should grant funding to individuals seeking to enforce illegal agreements; and if he will make a statement.

Photo of Rosie Winterton Rosie Winterton Parliamentary Secretary (Lord Chancellor's Department)

The Legal Services Commission (LSC) would not grant public funding to an applicant seeking to enforce an agreement that was clearly illegal from the contents of the application for funding. Where the legality of an agreement is the issue, funding could only be granted if the type of case fell within the scope of the Commission's Funding Code and the prospects of the applicant succeeding in the case were sufficient to satisfy the rigorous requirements of the Code.

Applications for civil legal aid funding are considered under the Commission's Funding Code. The Code sets out the criteria for deciding whether to fund or continue to fund services. The Code has been approved by the Lord Chancellor and by each House of Parliament.

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