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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 7897
Experience:  Owner at James Bruce Solicitors
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I paid privately for the 5 hearings in criminal defence and

Customer Question

I paid privately for the 5 hearings in criminal defence and then legal aid afterwards. Do I still get a cost order for the first five hearing or will the legal aid affect the cost order. As I did not apply for legal on time even though I then realised I was qualified.
Submitted: 10 days ago.
Category: Law
Expert:  james bruce replied 10 days ago.
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter. 

If you paid privately before legal aid was granted, then you would only be entitled to a defence cost order for the money you paid privately, if you won your case. Further, despite how much you paid privately, you would only be awarded back the amount that legal aid would have cost. So for example if you paid £1000 privately and the legal aid rate for that was say £450, then the costs order would only be for £450.

However, if the legal aid order was granted and dated from the very first hearing date, then that would mean the firm was paid under legal aid, and they should therefore refund any money paid privately.

Customer: replied 10 days ago.
the fact that I was entitled to legal in the first instance and did not apply until late does not matter.
Expert:  james bruce replied 10 days ago.

Correct. The fact you did not apply straight away makes no difference. Only if there LA certificate is dated form the start will you get the money back.

Expert:  james bruce replied 10 days ago.

Can I assist or clarify anything further?

Expert:  james bruce replied 10 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.