Q1. How do I make an application for an appeal?
You will need to make an application to representation higher. If you had a representation higher certificate for the substantive proceedings and there has been no change in the assisted persons financial circumstances since the date of the initial certificate, then you can legally link the appeal application to the previous certificate. This will mean that you will not be required to submit all of your client’s financial proofs again as the first financial assessment will be carried through to the appeal application. If there has been a change in your clients financial circumstances you can still legally link but will be required to capture up to date financial information.
Please note that you cannot legally link a representation lower certificate to an application for a representation higher certificate for an appeal.
Q2. What information do LSANI require?
Please provide the following:
- Full statement outlining the merits of the appeal with reference to the judgement of the lower court and evidence presented.
- Confirmation of whether leave to appeal has been granted.
Q3. What documentation should I provide with my application?
We will require:
- Full copy of judgement or order to be appealed.
- Where available, counsel’s opinion on the merits of the appeal – and in all cases where counsel was publically funded in lower court - this should be enclosed when the appeal being taken is to the High Court or above.
- Notice of appeal (if available).
- Copy of order granting leave to appeal (if available).
- A copy of all relevant proceedings and statements from the substantive case.
For guidance on how to submit an amendment request in LAMS, refer to Section 19.0 of the LAMS Supplier Manual.
Q4. What type of certificate will I receive?
Appeal certificates will usually be unlimited (but will cover only one appeal level).