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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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If I issued a claim in England against 3 defendants 17th May

Resolved Question:

If I issued a claim in England against 3 defendants 17th May 16, who owe me money, and I move to Northern Ireland what happens to the claim? The 3 defendants live in England?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

How much is the claim for please?
Alex

Customer: replied 1 year ago.
163;205k
Expert:  Ash replied 1 year ago.

Ok - then it will be heard in the UK if you move there.

The claim still goes on but transferred to the Defendant's local Court.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
I think I will be able to get legal aid if I move to northern Ireland, and would the aid be transferred to England?
Expert:  Ash replied 1 year ago.

No. You cant get legal aid generally for civil cases

Does that clarify? Alex

Customer: replied 1 year ago.
but you can in northern Ireland?
Expert:  Ash replied 1 year ago.

I dont know I am a lawyer of England and Wales.

I assume the rules are the same across the UK.

You can get it for criminal cases.

Alex

Customer: replied 1 year ago.
I was across last year and the law firms confirmed if I lived there I could get help, but now that I have issued a claim I am not sure about the situation, because all the background happened under English Law?
Expert:  Ash replied 1 year ago.

Sure. In England you cant get legal aid for civil claims generally.

If you move I dont know whether the situation changes.

But the case still WILL be heard in England at D's local Court.

Does that clarify? Alex

Customer: replied 1 year ago.
You cant get legal aid with a money claim in England as a claimant? Please state if you are not sure
Expert:  Ash replied 1 year ago.

You can NOT get legal aid in England for a money claim.

If it was an injunction against you or losing your house, yes, but NOT for a money claim

Alex

Customer: replied 1 year ago.
but you can in NI?
Expert:  Ash replied 1 year ago.

I dont know as I am a lawyer of England and Wales as I indicated at 10:38pm

Customer: replied 1 year ago.
can I ask for a 2nd option?
Expert:  Ash replied 1 year ago.

You asked at the beginning - what would happen to the claim

I answered that it would stay and be heard here in England at the home Court of the Defendant.

You did not ask about legal aid in the question - or have I got that wrong?
Alex

Customer: replied 1 year ago.
Legal aid has evolved into the question.
Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a solicitor for more than 30 years and I have some knowledge of Northern Irish law.

Had you started the claim in Northern Ireland then yes you could have obtained Legal Aid - subject of course to the Statutory Charge - and to your financial eligibility.

Indeed had you started the claim in NI and subsequently applied for Legal Aid then you would have been covered for the ongoing case.

However you started the claim in England and cannot now get Legal aid to progress it here I am afraid

Please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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