Civil legal aid: statutory tests for applications

Legal aid is available to a person where, on application, we are satisfied that:

  • They have probable cause, and
  • It is reasonable in the particular circumstances of the case that they should receive legal aid (section 14 of the Legal Aid (Scotland) Act 1986).

The relationship between the tests of probable cause and reasonableness is discussed in the case of McTear-v-The Scottish Legal Aid Board 1995 SCLR 611.

We also assess your client’s disposable income and capital in deciding whether to grant legal aid (section 15 of the Act).

The availability of legal aid is not restricted in any way by nationality or residence.  It is available to anyone for proceedings before a court in Scotland, provided legal aid is available for those proceedings and in that court.

Proceeding for which civil legal aid is not (or only partially) available: ‘excepted proceedings’
Other rights or facilities

In this section

Availability of Civil legal aid and application procedures

Definition of civil legal aid

Read the definition of civil legal aid and the legislative source.

Availability of Civil legal aid and application procedures

Applications by corporate or unincorporated bodies and sole traders

Find out why only a person can apply for legal aid and when it is reasonable for sole traders and individual partners of firms to receive assistance.

Availability of Civil legal aid and application procedures

Courts and tribunals in which civil legal aid is available

Find out about the courts and tribunals in which civil legal aid is available.

Availability of Civil legal aid and application procedures

Proceeding for which civil legal aid is not (or only partially) available: ‘excepted proceedings’

Find out about the range of proceedings for which civil legal aid is not generally available, known as ‘excepted proceedings’.

Availability of Civil legal aid and application procedures

Other rights or facilities

Read our approach to any other rights and facilities available to your client and when we consider it reasonable to grant legal aid in these circumstances.

Availability of Civil legal aid and application procedures

Civil legal aid for matters outwith Scotland

Find out about the availability of and procedures for civil legal aid for matters outwith Scotland.

Availability of Civil legal aid and application procedures

What date is legal aid effective from?

Guidance on the effective date of a grant of legal aid

Availability of Civil legal aid and application procedures

The essential components of a civil legal aid application: forms, statutory statements, declaration

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

Civil legal aid and the role of opponents

Find out about the role of opponents in the civil legal aid application process, including their right to lodge representations.

Availability of Civil legal aid and application procedures

Civil legal aid applications: statements and other documents we need

Read about the range of supporting documents and statements we expect to see when assessing applications for civil legal aid, and how to provide them.

Availability of Civil legal aid and application procedures

Rejection of civil legal aid applications: consequences of missing information

Find out what is meant by a ‘rejected’ application for civil legal aid, its potential consequences, and how you can remedy this situation.

Availability of Civil legal aid and application procedures

Civil legal aid applications by someone unable to sign or suffering from a mental disorder

Read our position on civil legal aid applications by someone unable to sign or suffering from a mental disorder

Availability of Civil legal aid and application procedures

Civil legal aid applications by person resident outwith the UK

Find out about special arrangements for civil legal aid applications by person resident outwith the UK and when we may waive these conditions.

Availability of Civil legal aid and application procedures

Civil legal aid application by or on behalf of children: assessing ‘general understanding’ of instructing a solicitor

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

Our power to modify or impose conditions on grants of legal aid

An overview of our power to modify or impose conditions on grants of legal aid.

Availability of Civil legal aid and application procedures

Refusal of legal aid applications

Find out the potential reasons we may refuse applications; the process by which this decision can be reviewed; and relevant information you must provide.

Availability of Civil legal aid and application procedures

Applications for civil legal aid for proceedings where we are a party

Read our guidance on applications for civil legal aid for proceedings where we are a party, how to address minimum requirements, and the process for a review.

Availability of Civil legal aid and application procedures

Disputing information: what to send us if you are acting on behalf of your client who is the opponent

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.