You cannot give advice and assistance on a matter that does not involve the application of Scots law.  For example it would not cover:

  • Arrangements for placing an elderly client in a retirement home
  • Pursuing genealogical inquiries and the public records office

Equally, it has to be Scots law and you cannot give advice on a matter relating to:

  • Foreign law, including matters of English or Northern Irish law
  • Work in connection with applications to, and proceedings before, the European Court of Human Rights

Limited availability of advice and assistance for English or foreign law matters

You cannot competently grant advice and assistance on a matter of foreign law (including English or Northern Irish law).  You may, however, give a diagnostic interview to advise on the application of Scots law to a particular situation.  That advice would extend to putting your client in touch with a solicitor in the foreign jurisdiction.  We would be unlikely to agree to a grant of standard advice and assistance to do this.

Availability of advice and assistance for UK law matters

You can give advice and assistance on the Scots law aspects of matters of UK law, such as immigration, employment or social security.  However, you can do so only where any remedy lies within the jurisdiction of the Scottish legal system (for example, where an appeal lies from a tribunal to the Court of Session).

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