Criteria to be met in defamation-related applications

Your client must meet the full criteria for defamation. Your client must demonstrate a plausible basis for bringing or defending proceedings.  Among other things, issues such as jurisdiction must be fully addressed.

The factors on reasonableness must be properly addressed and the usual financial eligibility criteria apply

We must be satisfied that there is a wider public interest or that effective representation is not possible without public funding.

Assessing the question of effective representation

In determining whether we are satisfied that, without public funding your client would be unable to bring or defend proceedings effectively, we have to take into account your client’s (with the assistance of any accompanying person) ability to:

  • Consider and challenge any document or information before the court
  • Present his or her views and arguments to the court in an effective manner.

A case may be viewed as exceptional if the degree of exceptionality is similar to other cases where the Court of Session, the Supreme Court or the European Court of Human Rights have ruled that the absence of public funding for representation would be a violation of human rights.

Where you consider there is a wider public interest involved you should set out what the interest is and the benefits to the wider community

Where you consider that the effective participation test applies you should explain why your client could not proceed without public funding and provide any relevant supporting information including, where applicable, medical reports.

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