Special arrangements apply where legal aid is sought to enforce certain judgements in terms of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters.
The purpose of the Convention is:
The Convention applies in civil and commercial matters, and details rules for the recognition of judgements with a minimum of formality and the enforcement of judgements according to the law of the contracting state in which enforcement is sought.
In the UK, any interested party in another contracting state may apply to the appropriate court for the judgement to be registered for enforcement. In Scotland, the appropriate court is the Court of Session, unless your client’s application relates to a maintenance judgement, when it is the sheriff court for the place of domicile of the party against whom enforcement is sought.
Special provisions are made where legal aid is sought to apply to:
In either case:
The usual procedural application requirements need not apply:
Make it very clear that a convention application is involved and normal requirements need not apply.
Modified application procedures
Read about modified applications for civil legal aid for Hague Convention child abduction/custody cases.