You will need to make an application to representation higher. Depending on the estimated value of the case you will need to select which court tier you are seeking a certificate for.
Please provide the following:
- Date of incident.
- A full statement from the applicant describing the events which give rise to the claim. This should include confirmation of whether the applicant was a driver or passenger.
- Details of any persons travelling in the vehicle at the time of the incident.
- Statement from solicitor identifying any legal issues, including any likely problems or inconsistencies in the applicant’s case and any issues of contributory negligence.
- Details of the proposed defendant(s) and if he/she is insured in respect of the claim.
- Response of other party, confirmation if liability has been accepted and details of any settlement offers.
- Details of any vehicle damage and any inconsistencies.
- Details of any criminal prosecution arising from the incident and the outcome of same.
- Summary of client’s medical treatment – including explanation of any delay in seeking treatment or any inconsistencies in the medical notes.
- Details of any ongoing medical treatment e.g. physiotherapy.
- Details of any related claims arising from the same incident and whether these parties know or heard about legal aid services.
- Details of any alternative sources of funding.
We will require:
- Relevant interparty correspondence.
- Evidence of vehicle damage e.g. photographs/repair invoice.
- Police report.
- Medical evidence to include notes of first attendance and any relevant GP notes along with a summary of the key elements of same prepared by the solicitor.
- Medical reports (if available).
- Witness statement(s) if applicable.
- Engineer’s report (if available).
- CCTV and/or dashcam footage (if available).
- Copy proceedings (if same have issued).
For guidance on how to upload a document in LAMS, refer to ‘Uploading a document’ in the Instructional Videos.
Generally, the Agency will limit the certificate to certain steps in proceedings so as to minimise the exposure of the fund in the early stages of the case. Often certificates will be initially limited to issue and service of pleadings, discovery, inspection and obtaining an engineer’s report if necessary or limited to all steps up to but excluding setting down / readiness, to include instructing counsel for advice and directions on proofs. When a limitation has been exhausted you should follow the amendment request process to seek either a further limitation or a full certificate.
For guidance on how to submit an amendment request in LAMS, refer to Section 19.0 of the LAMS Supplier Manual.