Other rights or facilities

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Under Regulation 16 of the Civil Legal Aid (Scotland) Regulations 2002, we cannot grant legal aid to your client if they have other rights and facilities that make it unnecessary for them to get assistance, or if they have a reasonable expectation of getting financial or other help from a body of which they are a member.

We may be able to grant legal aid if your client has failed to enforce or get those rights, facilities or help after taking all reasonable steps to enforce or get them (short of taking proceedings by way of declarator).

What are other rights or facilities?

Other rights or facilities may include:

  • Rights to indemnity under an insurance policy (legal expenses insurance, home insurance, motor insurance).
  • Membership of a professional association or trade union.

What do I need include in an application if my client can’t access these?

  • You must explain why your client is not using the legal assistance of a professional body or trade union if they are a member of one that provides this service.
    • We need to know the reasons why if the union is refusing to help. This may have a bearing on probable cause and reasonableness.
  • We need to know why your client has not applied to their union or has decided to stop taking its advice if this has happened. We may accept they have good reasons to be dissatisfied with the performance of the union-nominated solicitors. However, remember that trade unions nominate specialist firms to deal with personal injury claims.
    • It would not be reasonable to make legal aid available because your client prefers to instruct their own solicitor rather than a union-nominated solicitor.
  • You must ensure that you ask about all of these potential sources of funding before applying for legal aid. We will consider terminating any grant of civil legal aid that may have been made if we find that such sources of funding exist and we were not told about them.
Civil legal aid: statutory tests for applications
Civil legal aid for matters outwith Scotland

In this section

Availability of Civil legal aid and application procedures

Definition of civil legal aid

Read the definition of civil legal aid and the legislative source.

Availability of Civil legal aid and application procedures

Applications by corporate or unincorporated bodies and sole traders

Find out why only a person can apply for legal aid and when it is reasonable for sole traders and individual partners of firms to receive assistance.

Availability of Civil legal aid and application procedures

Courts and tribunals in which civil legal aid is available

Find out about the courts and tribunals in which civil legal aid is available.

Availability of Civil legal aid and application procedures

Proceeding for which civil legal aid is not (or only partially) available: ‘excepted proceedings’

Find out about the range of proceedings for which civil legal aid is not generally available, known as ‘excepted proceedings’.

Availability of Civil legal aid and application procedures

Civil legal aid: statutory tests for applications

Read about the statutory merits tests applied to applications for civil legal aid.

Availability of Civil legal aid and application procedures

Civil legal aid for matters outwith Scotland

Find out about the availability of and procedures for civil legal aid for matters outwith Scotland.

Availability of Civil legal aid and application procedures

What date is legal aid effective from?

Guidance on the effective date of a grant of legal aid

Availability of Civil legal aid and application procedures

The essential components of a civil legal aid application: forms, statutory statements, declaration

This page sets out the key information that must be provided with an application for civil legal aid. It includes guidance on information you should make applicants aware of before applying; identifying the correct application form; and how to provide an effective statutory statement.

Availability of Civil legal aid and application procedures

Civil legal aid and the role of opponents

Find out about the role of opponents in the civil legal aid application process, including their right to lodge representations.

Availability of Civil legal aid and application procedures

Civil legal aid applications: statements and other documents we need

Read about the range of supporting documents and statements we expect to see when assessing applications for civil legal aid, and how to provide them.

Availability of Civil legal aid and application procedures

Rejection of civil legal aid applications: consequences of missing information

Find out what is meant by a ‘rejected’ application for civil legal aid, its potential consequences, and how you can remedy this situation.

Availability of Civil legal aid and application procedures

Civil legal aid applications by someone unable to sign or suffering from a mental disorder

Read our position on civil legal aid applications by someone unable to sign or suffering from a mental disorder

Availability of Civil legal aid and application procedures

Civil legal aid applications by person resident outwith the UK

Find out about special arrangements for civil legal aid applications by person resident outwith the UK and when we may waive these conditions.

Availability of Civil legal aid and application procedures

Civil legal aid application by or on behalf of children: assessing ‘general understanding’ of instructing a solicitor

Read about how the availability of civil legal aid for children, and the additional information that you must form a view on: ‘general understanding’.

Availability of Civil legal aid and application procedures

Our power to modify or impose conditions on grants of legal aid

An overview of our power to modify or impose conditions on grants of legal aid.

Availability of Civil legal aid and application procedures

Refusal of legal aid applications

Find out the potential reasons we may refuse applications; the process by which this decision can be reviewed; and relevant information you must provide.

Availability of Civil legal aid and application procedures

Applications for civil legal aid for proceedings where we are a party

Read our guidance on applications for civil legal aid for proceedings where we are a party, how to address minimum requirements, and the process for a review.

Availability of Civil legal aid and application procedures

Disputing information: what to send us if you are acting on behalf of your client who is the opponent

Find out the types of information to send us if you are acting on behalf of an opponent of an application and wish to dispute the financial info provided.