Strategy Session – How Financially Disadvantaged Individuals Can Still Seek Legal Justice

Strategy Session – How Financially Disadvantaged Individuals Can Still Seek Legal Justice

The Limits Of Diplomatic Immunity …

In today’s blog, we examine the issues and concerns that are faced by individuals who find themselves entangled in court proceedings but come to the realisation that, unlike their opponents who can afford to hire the best legal representation, they can’t foot their legal bill.  If you find yourself in this predicament what are your options? Should you be forced into dropping your claim and forfeiting your rights because you’re financially disadvantaged?

The most common response to this question is to advise such individuals to apply for legal aid to help manage the legal costs associated with filing a claim.  However, turning to legal aid is not a feasible option in today’s economy given the funding cuts over the years.  In particular, legal aid for family law matters is an area which has been adversely affected.  The reality is that most individuals who need assistance in helping manage their legal costs no longer qualify for any sort of financial help.  Even those who do qualify (most commonly as victims of domestic violence), they may not be ‘poor enough’ for legal help, but still find they’re not well-off enough to actually afford legal assistance.  Those who can satisfy the evidence requirements for domestic violence still have to pass financial means testing and in many cases make a financial contribution of their own to off-set some of the legal aid funding.    For the individuals caught in this group, they can make use of a measure known as a Legal Services Payment Order which was introduced in 2013 to deal with the phasing out of legal aid funding for family law matters.

So, what exactly is a Legal Services Payment Order and how do you get one? Typically, a such an order is issued by the court for the purpose of allowing an applicant to obtain legal services for the purposes of a proceeding.  The provision is covered by section 22ZA of the Matrimonial Causes Act 1973.  For example, a Legal Services Payment ORder is meant to cover costs concerning matters such as advice regarding how the law applies to your particular situation or it could be to provide advice regarding an enforcement order, among other things.

Of course, being granted a Legal Services Payment Order will depend on a number of factors including but not limited to the following:

  • The parties’ current income levels and future ability to earn, property and other financial resources measured against the financial needs, obligations, and responsibilities of the parties involved
  • Have the parties tried to take steps to mitigate the proceedings such as considering mediation or other measures such as obtaining a loan to cover costs?
  • Will issuing the Order in favour of the applicant cause undue hardship on the other party?

In terms of what an applicant will need to prove in order to qualify for an Order, a useful case reference is Rubin v Rubin 2004 in which the court set out a 14-factor analysis of assessment.  An overall synopsis of the key points raised is that the applicant must show that they don’t have sufficient funds but more importantly that the opposing party does have access to the necessary funds.  The applicant may be required to demonstrate that they have made attempts to secure what is known as a litigation loan and that they have been rejected at least twice and/or have attempted to secure their legal costs against any property they may own.  A link to this case and its details can be found here – http://www.familylawweek.co.uk/site.aspx?i=ed128089

In closing, it’s important to remember that a Legal Services Payment Order is an available option and while it may be difficult to obtain, it’s worth trying to exhaust this option rather than giving up on your rights. But be wary that even a successful application for an Order in some cases may not necessarily cover the whole cost of the litigation.

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Regular Catch-up Strategies


At Grayfords, we understand the importance of developing effective strategies to achieve the desired outcomes for our clients in family law and private client law matters. That's why we prioritise regular catch-up strategies to ensure that your case is handled efficiently and aligned with your goals. 

As experienced family and private client lawyers, and strategy experts, we recognise that every case is unique and requires a tailored approach. Through regular catch-up sessions, we engage in open and collaborative discussions with our clients to gain a thorough understanding of their objectives, concerns, and preferences. These ‘catch-ups’ allow us to assess the progress of your case, identify any evolving needs or challenges, and adjust our strategies accordingly. We are also then able to put in place any personal support our clients may need should they wish to avail themselves of our coaching and therapy & mental health services at any point during their legal matter.

By maintaining regular communication, we can provide you with updates on the status of your case, share important information, and address any questions or concerns you may have. This proactive approach ensures that you are actively involved in the decision-making process and empowers you to make informed choices throughout the legal proceedings. 

Our aim is to ensure that your case is being handled in the most efficient and effective way possible. Through our regular catch-up strategies, we can evaluate the success of our current strategies, make necessary adjustments, and optimise our approach to maximise the chances of achieving a favourable outcome for you. 

At Grayfords, we value your input and understand that your goals are essential to the success of your case. Our commitment to regular catch-up strategies reflects our dedication to providing personalised and client-centered legal services. By working together, we can create a strong partnership and develop strategies that align with your vision and aspirations. 

Strategic Partnerships​


At Grayfords, we believe in the power of strategic partnerships to enhance the quality and efficiency of our legal services. We understand that legal matters often require expertise in various specialised areas, and that's why we have established strong relationships with trusted and renowned specialists in both family law, private client law, and therapy and mental health support.

Our strategic partnerships enable us to provide a streamlined and comprehensive legal service to our clients. When your case requires consultation or assistance in specific areas of the law, we have the resources and connections to quickly and efficiently engage the right experts. 

Whether it's a complex family law issue or a multifaceted private client law matter, our network of trusted specialists allows us to draw upon their knowledge and experience to provide the best possible advice and representation for our clients. These partnerships ensure that we can offer comprehensive solutions that address all aspects of your case, providing you with a holistic approach to your legal (and personal) needs. 

By collaborating with specialists in various legal fields, we can navigate intricate legal challenges more effectively, saving you time, effort, and potential complications. Our commitment to strategic partnerships means that we stay informed about the latest developments in family law and private client law, ensuring that our advice and strategies are up-to-date and relevant. 

At Grayfords, we value the importance of offering a well-rounded legal service to our clients. Our strategic partnerships enable us to tap into a wealth of expertise and resources, ultimately enhancing the quality and effectiveness of our services. You can trust that we have the necessary connections to consult with specialists whenever needed, ensuring that every aspect of your case is addressed with proficiency and efficiency while also supporting you on a personal level as needed.

Time for you


At Grayfords, we understand the value of time, and we prioritise our clients by ensuring that they receive the attention and support they need throughout their legal journey. Unlike other family law and firms, we never claim to be too busy for our clients. We believe that effective communication is essential, and our team is always accessible and responsive to your needs.

Whether you have a question, or concern, or need an update on your case, our dedicated team of family law and private client law experts will be readily available to assist you. We go the extra mile to ensure that you can reach us conveniently and promptly. You can count on us to answer your calls or reply to your messages on platforms like WhatsApp, enabling efficient and effective communication.

Our commitment to internal collaboration and dynamism ensures that there is always someone available to address your family law or private client law case. We understand that legal matters can be time-sensitive, and we strive to provide timely and accurate advice. You can rely on our team's collective knowledge and expertise to guide you through the complexities of family law and private client law.

At Grayfords, we recognise that your time is valuable, and we respect that by being responsive, accessible, and dedicated to your case. We prioritise open and transparent communication, keeping you informed and involved every step of the way. You can trust that we will dedicate the necessary time and attention to your legal matters, ensuring that you feel supported and well taken care of.

Specialised Service


At Grayfords, we offer a specialised range of services across both family law and private client law, tailored to meet the unique needs of our clients. With a focus on honesty, empathy, and pragmatism, we provide reliable legal advice that is designed to help our clients achieve success in their legal matters. 

In the realm of family law, we understand the emotional challenges that can arise during sensitive family disputes. Our team of experienced family law solicitors provides compassionate support and guidance throughout the process. Whether you are going through a divorce, child custody battle, or dealing with complex property division, we have the expertise to navigate these intricate matters while prioritising your best interests. 

In the field of private client law, we recognise the complexities and demands that business owners and HNWIs face in today's dynamic marketplace. Our private client law services encompass a wide range of areas including wealth planning, asset management, trusts, wills, probate, and lasting powers of attorney. We aim to be your trusted legal partner, offering strategic advice and solutions that align with your commercial objectives as you navigate your family matter. 

At Grayfords, we believe in fostering long-term exceptional working relationships with our clients. Our dedicated team goes above and beyond to understand your unique circumstances and provide tailored legal solutions that anticipate your individual needs. We pride ourselves on delivering an outstanding personal service level, ensuring that you feel supported and informed throughout your legal journey.  

Our ultimate goal is to alleviate the pressure and stress often associated with legal matters. We are committed to guiding you through the complexities of family law and private client law, allowing you to focus on what matters most to you. Trust Grayfords to provide you with the specialised legal services you deserve, backed by our expertise, integrity, and dedication to your success.