Refusal of legal aid applications

We must write to your client, you and any opponent whose address is known and their solicitor informing them whether we have granted or refused legal aid.

Where we refuse an application, we have to tell the applicant that the refusal was based on one or more of the specific grounds set out in regulation 19 of the Civil Legal Aid (Scotland) Regulations 2002.  These grounds are:

• Your client has disposable income which makes them ineligible for legal aid
• Your client has an amount of disposable capital which renders them liable to be refused legal aid and that it appears to us that they can afford to proceed without legal aid
• The proceedings to which the application relates are not proceedings for which legal aid may be given
• It appears to us by virtue of the provisions of regulation 14(2), regulation 15 or, as the case may be, regulation 16, that legal aid should not be granted
• We are not satisfied that they have probable cause
• It does not appear to us that it is reasonable in the particular circumstances of the case

We have a procedure so that if your client’s application has been refused, they may apply to us for a review of the decision [section 14 (3) of the Legal Aid (Scotland) Act 1986].  The application must normally be lodged within 15 days of refusal.  However, we may consider an extension if there is special reason for us to do so.

The application should include:

• A statement of any matters you want us to consider
• Further statements or other documents.

We write formally to you and your client and the opponents (unless intimation has been dispensed with or postponed) telling them we have received an application for review.