The NFU Legal Assistance Scheme is a discretionary benefits scheme, which was set up in 1987. 
It is a unique specialist service within the NFU with over 92% of Farmer and Grower members of the NFU subscribing to it.
It provides a contribution towards professional costs incurred in relation to legal disputes arising from subscribers' businesses as farmers or growers in accordance with the Rules. The Scheme is not a legal expenses insurance but offers its subscribers exclusive beneficial services.
Membership and benefits
All fully paid up Farmer and Grower members of the NFU are eligible to subscribe to the Scheme by paying the additional subscription fixed for the current year by the NFU Council.
It costs £33.00 plus VAT for Farmer and Grower members to subscribe to the scheme. Contact NFU Callfirst to find out more on 0870 845 8458.
You must be a subscriber to the Scheme at the time the dispute arises, and financial assistance is only available from the point the matter is formally brought to the attention of an NFU member of staff (regional, group office or headquarters) or NFU CallFirst adviser.
In addition to being able to take advantage of the free preliminary advice from NFU CallFirst, subscribers have the benefit of being referred to one of the carefully selected NFU legal panel firms for an initial discussion of the case, following which a free written report will be submitted to the relevant LAS Adviser to be considered for financial assistance.
Subscribers may choose to instruct their own solicitor to act for them in the dispute if they do not wish to use the NFU panel firm. However, they should be aware that non-NFU panel firms might charge for the provision of the written report.
There is benefit in using one of the NFU recommended legal panel firms as they have been selected for their expertise, quality advice in rural and agricultural issues, and are carefully monitored to ensure that service standards are maintained although subscribers have the option of using their own professional adviser.
Making an application to the Scheme
The following applies if you are involved in a legal dispute or a potential legal dispute:
1. Contact NFU CallFirst on 0870 845 8458.
2. Free preliminary advice will be provided by an adviser over the telephone.
3. If the advice solves your query, no further action will be required.
4. 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 covering your area.
5. If you subscribe to the Scheme, a referral will also be made to the relevant LAS adviser, who will provide you with an application form and a copy of the Guide to the Legal Assistance Scheme.
6a You will then be contacted by the NFU legal panel firm within 48 hours for an initial discussion* of the case, and a free report will be sent to the LAS Adviser.
OR
6b If you wish to use your own professional adviser, a form will be forwarded by the LAS Adviser to your adviser following the CallFirst referral.
6c If you are unable to provide details of the professional adviser you wish to use to the NFU CallFirst adviser over the telephone, you will need to provide this information on the application form you receive from the LAS Adviser.
6d On receipt of the relevant details by the LAS Adviser, the appropriate form will be sent to your professional adviser who will have to provide details of the dispute, current and likely future costs, information on the prospects of success and a legal opinion on the dispute.
7. Once the completed application form and the report from your own adviser or the NFU legal panel firm are received, the matter will be given an initial consideration in confidence by the LAS Adviser in accordance with the rules of the Scheme.
Your relationship with your solicitor
8. 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.
9. You shall remain absolutely responsible for payment of each bill issued by your solicitor and/or professional adviser.
*The initial discussion of the case includes:
• Identifying and discussing the problem;
• Identifying the possible courses of action available to the member;
• Information on costs
Eligibility for an award
10. Costs incurred by your advisers prior to notification of the dispute to NFU CallFirst or an NFU member of staff are ineligible for consideration.
11. Only disputes arising out of your farming or growing business are eligible. Planning, Rights of Way, Boundary, Employment, Prosecution and Diversification enterprises are dealt with by reference
to Guidelines laid down by the Legal Board as amended from time to time. Undisputed debt collection, matrimonial disputes, formation of business arrangements, drafting documents, personal injury cases, conveyancing and similar non-contentious matters are not covered by the Scheme.
12. No assistance can be given for disputes which arose before 1 November 1987, or before the member subscribed to the LAS. In order to continue to be eligible for further awards of LAS financial contributions you must remain in full farming membership and pay an LAS subscription. If your dispute has arisen before you subscribed to the LAS then that case would not be eligible for support under the Scheme.
13. Subject to very limited exceptions no financial support can normally be given to one farmer or grower member against another. However, the Scheme runs a specialist service for inter-member disputes, which is aimed at saving members' time and money. This is achieved by offering mediation and/or obtaining joint counsel's or expert's opinion, with the Scheme contributing towards the costs.
Granting of awards
14. The award granted by the Legal Assistance Scheme ranges between 30 and 75% of the member's own professional costs up to a maximum of £4,000. Assistance is granted at the absolute discretion of the LAS Adviser and/or the Legal Board. Each case will be looked at on its merits and the level and percentage rate of support granted accordingly. The decision will be reported to the member, his Group Secretary and the relevant professional adviser (if applicable) by the LAS Adviser. There is a right of appeal available should you be dissatisfied with any decision made in respect of your application.
15. The Legal Board can consider further awards in limited circumstances where the case is referred by the LAS Adviser as being one of national significance to the industry or where oppression is involved.
16. Any award granted by the LAS Adviser and/or Legal Board will normally only be released when a receipted invoice is sent to the LAS Adviser, together with a report on the development or outcome of the matter. All awards are subject to an indemnity condition. This means that where LAS monies have been released to help cover interim bills, you are obligated to reimburse the relevant proportionate part of this award to the Scheme if the case is subsequently concluded successfully.
17. Only VAT-exclusive costs (ie fees and disbursements) are eligible. However, if you are not registered for VAT then the appropriate percentage of the total bill will be eligible.
18. A progress report of the case is required from your solicitor or professional adviser at regular intervals. As a condition of having your case considered for financial support, your consent will be requested from your solicitor or professional adviser to provide details of your case to the relevant LAS Adviser. The LAS application form LA1, which you are asked to sign, contains your authority for your solicitor to disclose certain information to the NFU.
19. If you are successful in settling your case, you should encourage your professional adviser to seek recovery of the majority of your own costs to prevent unnecessary calls on the Scheme.
20. If on conclusion of the said claim (either by way of an out of court settlement or through a successful court hearing), your professional adviser recovers a proportion or all of your professional costs from the other party, you (including your heirs and successors) agree that you will on demand refund to the said Legal Assistance Scheme an appropriate proportion or all of the said contribution.
21. The "appropriate proportion" will be calculated using the percentage of the award granted in relation to the value of your outstanding irrecoverable costs.
22. If your case is settled successfully by an out of court settlement under a confidentiality clause or without identifying the amount of costs recovered in the settlement figure, you will be required to refund the total award granted. It is therefore prudent to disclose the costs recovered in these circumstances to assist us in making an informed decision on the amount of the award to be refunded to the Scheme.
First advice for tenants
23. The Legal Assistance Scheme operates a special service for subscribers who are tenants. The First Advice for Tenants service provides financial assistance of up to £500 towards the cost of obtaining business advice relating to rent reviews. The service is available both to members who have received a rent review notice from their landlord, and to members who are considering whether to issue such a notice. The maximum contribution per application is £500.
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