If you do not hold a 2018 Standard Civil Contract or 2022 Standard Crime Contract you will need to make an application for an Individual Case Contract. This does not apply if you only hold a 2022 Standard Crime Contract, because injunctions brought under Part 4 of the Policing and Crime Act 2009 fall within the category definition of ‘associated civil work’. There is no prescribed application form, but the relevant request will need to be included either within your statement of case or as a separately attached document.
You will not need to apply for an Individual Case Contract if you hold a 2018 Standard Civil Contract, as this works falls within the definition of ‘miscellaneous work’. Information on Matter Starts is contained at paragraph 2.30 of the 2019 Standard Civil Contract specification, which will apply should you open the case under Legal Help.
The criteria for Individual Case Contracts are contained within Regulation 31(5) Civil Legal Aid (Procedure) Regulations 2012 (The Civil Legal Aid (Procedure) Regulations 2012 (legislation.gov.uk).
The effective administration of justice test will be satisfied if the Director of Legal Aid Casework decides that it is necessary for a provider to provide the services which are the subject of the application under an individual case contract, having considered –
- the provider’s knowledge of the particular proceedings or dispute and expertise in providing the civil legal services which are the subject of the application;
- the nature and likely length of the particular proceedings or dispute;
- the complexity of the issues; and
- the circumstances of the individual making the application
Your organisation must have either a Lexcel Legal Practice Quality Mark or a Specialist Quality Mark before we can enter into an Individual Case Contract.
If we do not consider that the requirements for an individual case contract are met, even if the application meets the other necessary tests, we will contact you to inform you. There is no right of appeal. In these circumstances the applicant will need to instruct a contracted firm or a non-contracted firm that can meet the requirements.