https://www.slab.org.uk/guidance/fatal-accident-inquiries/
https://www.slab.org.uk/guidance/fatal-accident-inquiries/
Such an inquiry should be progressed expeditiously and efficiently. We will prioritise applications for Fatal Accident Inquiries and help you with them if needed. To do this, we need you and your client’s assistance.
Tell your client about the availability of civil legal aid and begin the process as soon as possible so that the application is ready to be submitted after the First Notice is received.
At the preliminary hearing, the sheriff will expect to hear from you about the progress that has been made with regard to applying for civil legal aid and on occasion from us. Remind your client of the need to provide all necessary financial information
If more than one member of a family is applying for legal aid you need to explain why this is necessary. This applies to all FAI’s including deaths in custody where you know that requests for such representation will be made.
Statutory test: probable cause
Probable cause is established if your client falls within the category of ‘persons entitled to be represented’, at the Fatal Accident Inquiry, as a relative of the deceased or as a potential defender.
Statutory test: reasonableness
If your client is the relative of a person who died in prison or police custody we will look favourably on the application (subject to there not being more than one request from a family member). It is appropriate for relatives to have their own independent representation at the inquiry to determine the facts.
Statutory test: probable cause
We consider that probable cause can be established if your client falls within the category of persons entitled to be notified of a Fatal Accident.
Statutory test: reasonableness
To allow us to assess whether the test of reasonableness is met you should tell us:
In some cases, we may need to see copies of the correspondence you have had with the Crown or, through you, request that specific points are clarified by them.
We will not consider the test of reasonableness to be met where your client is seeking representation to identify and gather information that might support a reparation claim.
You should provide information focussed on issues such as whether your client requires representation to protect their legal position against self-incrimination or avoiding any further proceedings.
Merits of different types of case
This page includes merits information for various types of cases involving disputes over children. The case types covered include: adoption and permanence orders; orders relating to parental rights and responsibilities; contact and residence orders; specific issue orders; minutes to vary; and minutes for failure to obtemper. Information is included for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of cases in relation to matrimonial property disputes, including: division or sale actions and exclusion orders. It covers the supporting information you should provide with these types of application, and information for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of divorce (or dissolution) cases without craves for financial provision. The case types covered include divorce based on one or two year separation; on grounds of adultery; and on the basis of interim gender recognition certificate. Information is included for defenders and pursuers. Information is also included for cross-actions and Court of Session cases.
Merits of different types of case
This page includes merits information for various types of divorce cases with financial provision. The case types covered include capital sum orders; transfer of property orders; earmarking orders; incidental orders in terms of section 14(2) of the Family Law (Scotland) Act 1985; and pension sharing orders. It covers the kinds of information we expect to see with these types of applications.
Merits of different types of case
This page includes merits information for various types of interdict (etc.) cases. Types of cases covered include: general interdicts (including non-molestation orders); matrimonial and domestic interdicts; breaches of interdict and power of arrest; non-harassment orders; and applications to revoke or vary orders. Information is included for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of applications in relation to reparation actions. The case types covered include: road traffic accidents; accidents at work; industrial disease cases; professional negligence claims; and condensation/dampness claims. Evidential requirements are included alongside information for both pursuers and defenders where relevant.
Merits of different types of case
This page includes merits information for applications in relation to various types of appeal, and associated evidential requirements. The case types covered include: appeals against refusal of permission; licensing appeals; appeals to the UK Supreme Court; appeals against the First Tier and Upper Tribunals; appeals against the Social Security Commissioners, and information you should provide with your application.
Merits of different types of case
This page includes merits and other practical information for various types of action before the First Tier Tribunal for Scotland (Housing and Property Chamber). It includes the type of actions for which legal aid is available; operational guidance on how we consider these types of applications; and the evidence you should provide with your applications. The fees available are also included.