A guide to the UPC and the UP - Flipbook - Page 427
Legal Aid
20-111 A party who is a natural person and who is unable to meet the costs of the proceedings,
either in whole or in part, may at any time apply for legal aid. 191 The wording used in the RoP
in respect of legal aid is somewhat different in that the Court may grant legal aid to a party
(applicant), in order “to ensure effective access to justice”. 192
20-112 Subject to the Administrative Committee setting the level of legal aid and the rules on bearing
the costs thereof, legal aid may cover the following: 193
–
Court fees;
–
Costs of legal assistance and representation regarding:
–
–
pre-litigation advice with a view to reaching a settlement before
commencing proceedings;
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commencing and maintaining proceedings before the Court;
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all costs relating to proceedings including application for legal aid;
–
enforcement of decisions; and
Other necessary costs related to the proceedings to be borne by a party, including costs of
witnesses, experts, interpreters and translators and necessary travel, accommodation and
subsistence costs of the applicant and its representative.
20-113 The maximum amount of recoverable costs of representation are those laid down in the
Scale of Recoverable Costs. 194 Legal aid does not cover costs awarded to the successful party
if the applicant loses the action, but the Administrative Committee has the power to provide
that it does. 195
Entitlement
20-114 The conditions for granting legal aid are set out in r.377(1) RoP, namely:
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Owing to the party’s economic situation, the party is wholly or partially unable to meet
the costs of the Court fees and legal representation;
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The action in respect of which the application for legal aid is made has a reasonable
prospect of success, considering the applicant’s procedural position; and
–
The claimant applying for legal aid is entitled to bring actions under art.47 UPCA.
20-115 The Administrative Committee may define the thresholds above which legal aid applicants
are deemed wholly or partly able to bear the costs of proceedings. However, these thresholds
may not prevent applicants whose economic situation is above the thresholds from being
granted legal aid if they can prove that they are in fact unable to pay the costs of proceedings
as a result of the high level of cost of living in the Contracting Member State of domicile or
habitual residence. 196
191
192
193
194
195
196
art.71 UPCA.
r.375(1) RoP.
r.376 RoP.
r.376A RoP. See Scale of Recoverable Costs.
r.376(2) RoP.
r.377(2) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 417
