https://www.slab.org.uk/guidance/applications-for-civil-legal-aid-for-proceedings-where-slab-is-a-party/
https://www.slab.org.uk/guidance/applications-for-civil-legal-aid-for-proceedings-where-slab-is-a-party/
When applying for civil legal aid for judicial review of a decision by us, you should take care to address the legal basis of the application. You should not treat an application for judicial review as simply a further review of, or appeal against, our decision on an earlier application.
The application should:
If the challenge is that the decision we took was ultra vires, you must set out in detail the way in which we have acted beyond our powers. If it is suggested that we have used our discretion improperly, you must explain why. If it is suggested that we have had regard to irrelevant factors or failed to take account of relevant factors, identify these factors clearly.
Where it is suggested that there has been a procedural impropriety, which might include a breach of natural justice, you must be specific and identify what aspect of the procedure you consider improper or in what way you consider a breach of natural justice has occurred.
In an application based on the Human Rights Act 1998, your client should address which right under the European Convention on Human Rights we are alleged to have breached and the basis for this. Details of supporting case law should be provided.
If relying on irrationality or “Wednesbury unreasonableness”, the test to be satisfied in a judicial review is a high one and the application for legal aid must demonstrate that probable cause exists. The exacting nature of the test is reinforced in the case of K -v- SLAB, 1989 SCLR 144 and in the case of McTear -v- SLAB, 1995 SCLR 611
We are not the final arbiter of whether legal aid should be granted for proceedings in which we are the opponent. We will refer it, to the Sheriff for Lothian and Borders at Edinburgh for final consideration [section 14(4) Legal Aid (Scotland) Act 1986]. In doing so, we may submit any observations we want to make on the application.
Availability of Civil legal aid and application procedures
This page sets out the key information that must be provided with an application for civil legal aid. It includes guidance on information you should make applicants aware of before applying; identifying the correct application form; and how to provide an effective statutory statement.
Availability of Civil legal aid and application procedures
Read about how the availability of civil legal aid for children, and the additional information that you must form a view on: ‘general understanding’.
Availability of Civil legal aid and application procedures
Find out the types of information to send us if you are acting on behalf of an opponent of an application and wish to dispute the financial info provided.