three judge panel of Upper Tribunal recognises importance of legal aid in complex case

In SSWP v JL (DLA) [2011] UKUT 293 (AAC) a three judge panel of the Upper Tribunal has considered supersession issues etc. in DLA/AA cases regarding retrospective self funders.

The LSC granted exceptional funding so the claimant could be represented.

The judgment comments:

4.  We add that the complexity of this case has been recognised by the Ministry of Justice, acting on behalf of the Lord Chancellor, which has exceptionally authorised the Legal Services Commission to grant the claimant funding for legal representation before the Upper Tribunal.  This application has been approved under section 6(8)(b) of the Access to Justice Act 1999.  We put on record that we find it extremely difficult to see how the case could have been argued so effectively on the claimant’s behalf in the absence of such funding.

But nevermind, welfare benefit advice is not legal advice and it is alright to take it out of scope in future…..

Thanks for that Martin, it’s about as clear a statement of support as you could find, I think.

Whether that makes any difference is another matter but I’ll certainly incorporate this into the work going forward.