https://www.slab.org.uk/guidance/legal-aid-for-judicial-review-of-our-decisions/
https://www.slab.org.uk/guidance/legal-aid-for-judicial-review-of-our-decisions/
You have to satisfy us that there is probable cause to litigate and that it is reasonable to grant legal aid in exactly the same way as you would for any other decision-making public body. The minimum requirements apply equally to applications against us.
Where we initially refuse legal aid and you apply for a review it is considered by our Legal Service Cases Committee (“LSCC”) which comprises SLAB members, co-opted members who are experienced legal practitioners and senior SLAB officials. Unless the LSCC grants the review, it is referred to the Sheriff of Lothian & Borders at Edinburgh in terms of section 14(4) of the Legal Aid (Scotland) Act 1986.
Where the application is referred to the Sheriff, the application papers together with any observations made by your client and us are sent to the court. The sheriff decides the merits of the application. The sheriff’s decision is final.
Where the sheriff directs that legal aid is to be made available then, subject to your client being financially eligible, we will grant the application.
We, as an opponent, are no different from any other situation although we will and could not, make representations to ourselves.
We encourage dialogue with your client to see if the matter can be resolved. We recognise that mistakes in decision-making can occur and welcome any opportunity to put that right. As with any other opponent, it is open to us to review the challenge to the original decision and if this case has merit. We may discuss with you whether, as a matter of agreement, an application or decision can be re-opened for the purpose of a fresh consideration.
Where this is agreed:
While you need not agree to this approach a failure to participate in extra-judicial discussions which could or would resolved an issue without the need for court proceedings may have a bearing on the reasonableness of a grant of legal aid.
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.