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Similarly, if part of the argument was over a bank account, Legal Aid will want repaying if there is a successful outcome with a value over £5,000. Let me give you a scenario. A couple are getting divorced and they are arguing over who owns the £50,000 in a bank account. The funded party claims that 50% of the money is theirs and the non-funded party is claiming that all the money belongs to them. The matter goes to court and the court decides that the money should be split 50/50 and awards £25,000 to the funded person. The bill for arguing litigation was £10,000.

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The board would want £10,000 of the £25,000.00 that was awarded leaving the legal aided person with only £15,000 out of the £25,000. Ouch! With regards to the exemption, if the amount that was being argued over was £10,000 and the award was 50/50 then half of £10,000.00 being argued over (assuming 50/50) is £5,000.00. There is a £5,000.00 exemption ring fenced and therefore the board would get nothing.


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