You cannot grant an application for advice and assistance where your client has other rights or facilities or a reasonable expectation of getting financial or other help from another body.  You must ask your client whether they have:

  • legal expenses insurance
  • assistance available from a trade union or a local authority
  • if there is any other body who can pay for the work

If you consider your client does have those other rights or facilities, or a reasonable expectation of receiving help from another body:

  • You must not grant the application for advice and assistance, unless they could not enforce or obtain such rights
  • You may be satisfied that they cannot enforce these rights even though legal proceedings have not been taken to do so, and decide to give advice and assistance

You may decide to give advice and assistance to your client who has a reasonable expectation of getting financial or other help from a body. In such cases, you must ensure they sign an undertaking to pay us any sum received from that body for the expenses of the advice and assistance.  Given that advice and assistance should not be made available to a person with those rights, this might relate to situations where:

  • Such other rights or facilities are only subsequently identified as being available
  • Advice is in some way qualified or restricted to, say, a payment on the outcome of proceedings by way of indemnity

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