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CIVIL LEGAL ASSISTANCE
Civil
legal assistance helps people to get legal advice and “ representation”,
which means a solicitor to put their case in court, in civil cases.
Civil legal assistance includes advice and assistance
and civil legal aid.
- Advice and assistance helps to pay for advice
from a solicitor on any matter of Scots law. (For example, to
try to settle a dispute without going to court.) In some special
circumstances, it may also cover your solicitor representing you
in court – this is called ABWOR – “assistance
by way of representation”. Depending on your financial circumstances,you
may have to pay towards your advice and assistance.
Advice and assistance covers a wide range of matters, so long
as they are matters of Scots law and you qualify financially.
This might include advice on divorce, contact with children, possible
personal injury claims, welfare rights, immigration or asylum
issues. Your solicitor will decide whether you meet the financial
eligibility limits for advice and assistance set by Parliament.
- Civil legal aid will provide funding for a solicitor
to put your case in court. It covers the preparation work, as
well as the hearing itself, and can provide funding for advocates,
experts etc. (Most cases begin with advice and assistance, and
civil legal aid may be the next step if necessary.) Here are some
examples of issues that civil legal aid might be able to help
with:
-
divorce and other matters affecting family
and children
-
actions for compensation for injuries resulting
from an accident, or medical negligence
-
housing matters such as rent or mortgage
arrears, repairs, eviction
-
debt
- immigration, nationality, or asylum
The opponent of someone who has applied for civil
legal aid has the right to object to the application for, or grant
of, civil legal aid. Read more about opponents.
The Board assesses all applications in the same way
and we must follow rules set down in law by Parliament. To be granted
civil legal aid, all of the following tests must be met by the applicant:
- they must qualify financially
- they must have a legal basis for their case,
sometimes called probable cause
- it is reasonable in the particular circumstances
of the case that they should receive legal aid
- financial help is not available from someone
else – like a trade union, insurance company or professional
body.
The cost of legal assistance is met from public
funds through the Scottish Legal Aid Board. However, for civil legal
assistance, it may be free or the applicant may have to pay a contribution
towards the cost of their case. Also they might have to pay from
money or property that they win or keep as a result of their case.
Read
more in our leaflets, which are all in pdf format.
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