What is the purpose of the Legal Assistance Scheme?
The Legal Assistance Scheme is a discretionary award scheme which provides help and financial assistance to its subscribers in their legal disputes affecting their farming and/or growing businesses. In particular, the Scheme enables members to fight cases against larger bodies where otherwise, they would be unable to do so, and to help with the legal costs in individual matters which need to be resolved.
The LAS also has a huge role to play in taking up matters of national significance to all farmers.
What does "LAS" stand for?
LAS refers to the NFU Legal Assistance Scheme.
Is the LAS a legal expenses insurance policy?
The Legal Assistance Scheme is a discretionary benefits scheme and each application is considered on its own merits. This means that whilst there is no guarantee of funding, the Legal Board have complete discretion as to whether or not to support each individual case and to what extent.
The Scheme is not to be confused with an insurance policy but can work in conjunction with any legal expenses cover you may have.
However, where you have a legal expenses policy insurance, you should notify them immediately you become involved in a dispute with another party. This should be done before or at the same time you are putting in your application to the LAS.
What is the role of the Legal Board?
The Legal Board is a body formed by the NFU Council. It is responsible for the management and strategy of the Scheme and manages its funds for the benefit of the subscribers.
It is made up of eight subscribers and/or retired subscribers who shall be appointed biennially by the NFU Governance Board from nominations put forward by the NFU Regions in accordance with the NFU prescribed procedure, and following consultation with the incumbent Chairman of the Legal Board and the LAS Manager.
What is an "award"?
An award is the discretionary financial support provided towards professional costs by the Legal Board and Advisers in accordance with the Rules of the Scheme.
How much does it cost to subscribe to the Scheme?
The subscription for 2010/2011 is £33.00 plus VAT
(The LAS subscription is normally paid together with a member's NFU subscription and is reviewed by NFU Council following recommendations from the Legal Board).
What do I get for my money?
There are five main benefits of the Legal Assistance Scheme:
- Free unlimited legal advice from CallFirst.
- Access to a panel of specially selected solicitors who will provide free initial discussion, following which a written report on the case will be submitted to the NFU for consideration of financial assistance.
- Financial assistance towards professional costs in farming/growing related disputes.
- Dedicated support from the LAS Adviser.
- NFU general backup if necessary.
How do I become a member of the LAS?
Am I already a member?
Farmer/Grower members of the NFU can add LAS to their subscription, thereby, becoming members of the Scheme. 90+% of farmer and grower members are subscribers to the LAS. (If you are in doubt - contact your group office to clarify whether you are a subscriber to the Scheme.)
How much money will I get?
Initially, you may be eligible for an award between 30% and 75% of your legal/professional costs up to a maximum of £4,000, depending on the facts, merits and all of the circumstances surrounding the case. If your case is of national significance or involves oppression, then the Legal Board may give support at its discretion without limit.
Will all my legal costs be covered?
All your own professional costs will be eligible for consideration, excluding those incurred by your professional advisers prior to notification of the dispute to NFU CallFirst or an NFU member of staff.
Will the award cover my VAT?
Only the net amount (VAT-exclusive costs relating to professional fees and disbursements) is eligible. However, if you are not registered for VAT then the appropriate percentage of the total bill will be eligible.
Will I have to give the money back to the Scheme on conclusion of the matter?
You will not have to give any award made back unless you have recovered costs from the other side as well, or unless you settle your case and recover some or all of your legal costs in the settlement.
Will the LAS provide assistance if I lose a case at Court and have to pay the other side's costs?
No, the LAS will only be able to offer assistance towards your own professional costs incurred. Legal Assistance is also not available towards the payment of fines, damages or compensation.
Will the NFU pay my legal costs directly?
No, you shall at all times remain responsible for issuing instructions to your solicitor and other professional advisers. This applies whether the adviser is an NFU legal panel solicitor or your own professional adviser.
The NFU and their recommended panel solicitors agree to abide by the provisions of the Law Society's Introduction and Referral Code. NFU recommended solicitors are independent professionals from whom you will receive impartial and confidential advice.
You will remain absolutely responsible for payment of each bill issued by your solicitor and/or professional adviser. You will then be reimbursed with the assistance agreed following your production of receipted invoices.
Will I have to pay for the advice from the panel firm?
Financial Assistance is provided on a discretionary basis and will only be for part of your costs if an award is. Therefore, you will remain responsible for issuing instructions to your professional adviser (whether a panel solicitor or your own local solicitor) and for payment of all of your professional fees.
The NFU panel firms will not charge you for the provision of an initial discussion of the case, following which a free written report will also be submitted to the NFU. They will however notify you when the clock begins to tick during a conversation leading to instructions being given.
Can I claim an award for 'after the event' insurance?
Awards may be given towards 'after the event' insurance once the LAS Adviser and the member's professional adviser have agreed that is the best way to proceed.
If my solicitor agrees to take my case on a "no win, no fee" basis can I claim Legal Assistance?
No awards shall be granted towards cases taken by a solicitor on a no win, no fee basis.
Can I appeal if I am turned down for Legal Assistance?
The LAS Adviser is under no obligation to give reasons for their decision. If the LAS Adviser turns down an application, then you have the right to appeal to the LAS Manager. If the LAS Manager also declines the application, a further appeal lies with the Legal Board.
How many times can I apply?
Each individual case may be reconsidered for further financial support depending on developments and the report submitted by the professional adviser.
You can apply for assistance for each legal case you are involved in which is eligible for support. The number of times you can use the Scheme is unlimited.
Can I use any solicitor of my choice?
You are at all times free to instruct a solicitor of your own choice to act for you in any legal dispute. This will not prejudice your LAS application. However, we will always recommend one of the carefully selected NFU panel on the basis of their agricultural law expertise.
You should also be aware that non-NFU panel firms might charge for providing a written report on your case to the NFU.
Is it only the farm business which can get help?
Only disputes arising out of your farming or growing business are eligible.
What kinds of disputes are covered by the Scheme?
Examples include planning, contracts, rights of way, boundary, employment, prosecution, disputes with government bodies such as the RPA, Defra, Water Companies and diversification enterprises etc, which are all dealt with by reference to Guidelines laid down by the Legal Board as amended from time to time.
Are there any types of disputes not covered by the Scheme?
Undisputed debt collection, matrimonial disputes, formation of business arrangements, drafting documents, personal injury cases sustained outside the farm, conveyancing and similar non-contentious matters are not covered by the Scheme.
How do I get help when I find myself in a legal dispute?
The first thing to do if you are involved in a legal dispute or potential legal dispute is to contact NFU CallFirst on 0870 845 8458. Unlimited preliminary advice will be provided by an adviser over the telephone. If the advice solves your query, no further action will be required.
What happens if NFU CallFirst can't help solve my problem?
If more comprehensive legal or other professional advice is required, and you wish to pursue it, the CallFirst Adviser will recommend the relevant NFU legal panel firm of solicitors covering your area who will be able to offer you further advice.
The NFU legal panel firm will contact you within 48 hours for an initial discussion of the case and if further action is required, they will send a report to the LAS Adviser. The initial discussion of the case includes identifying and discussing the problem; identifying the possible courses of action available to you and information on costs.
If you do not wish to use the NFU recommended panel firm, you should provide the details of your own solicitor who will then be contacted by the LAS Adviser requesting information on your case.
What happens if I win my case but cannot disclose any details?
If you win your case and obtain a costs order in your favour or settle the case with a non-disclosure clause then you will be required to refund your total award at the Legal Board's discretion.
Will my case details be kept confidential?
All cases are considered on an anonymous basis and will be treated as totally confidential.
Your details and/or the details of your case will only be publicised with your expressed consent.
What if I am in dispute with my neighbouring farmer?
If you are in dispute with someone who is also a member of the NFU, the Legal Assistance Scheme will not financially support either you or the other party in any litigation.
The NFU has an IMD procedure and will assist in every way to try and help to get the matter resolved amicably wherever possible.
At the Legal Board's discretion, financial support may be awarded to both parties towards the cost of mediation, Counsel's opinion or an expert's report.
What if I am in dispute with a family member?
The Legal Assistance Scheme will treat any request for assistance where there is a dispute between family members with extra sensitivity.
There will be a presumption in favour of non-litigious dispute resolution (ie mediation). All such disputes will be referred to the Legal Board for special consideration.
Please note that matrimonial disputes are specifically excluded for support under the Scheme rules.
I am about to enter into a legal dispute - can I join the scheme for help?
It is only fully paid up farmer and grower members of the NFU who are eligible to subscribe to the Scheme by paying an additional subscription fixed for the current year by the NFU Council.
You must be a subscriber to the Scheme at the time the dispute arises (not afterwards), and financial assistance is only available from the point the matter is formally brought to the attention of an NFU member of staff.
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