A guide to the UPC and the UP - Flipbook - Page 428
Application for Legal Aid
20-116 The application for legal aid must contain the following in a language of a Contracting
Member State: 197
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The name of the applicant;
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The postal and electronic addresses for service on the applicant and the names of the
persons authorised to accept service;
–
The name of the other party as well as postal and electronic addresses for service on
the other party where available and the names of the person authorised to accept them,
if known;
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The action number of the action in respect of which the application is made or, where the
application is lodged before the action has been brought, a brief description of the action;
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An indication of the value of the action and the costs to be covered by legal aid;
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Where legal aid is requested for costs of legal assistance and representation, the name of
the proposed representative;
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An indication of the applicant’s financial resources, such as income, assets and capital and
of the applicant’s family situation including an assessment of the resources of the persons
who are financially dependent on the applicant; and
–
Where appropriate, a reasoned request for suspension of a time limit which would
otherwise need to be observed until the date of notification of the order deciding on
legal aid.
20-117 The application must also be supported by evidence of the applicant’s need for assistance, such
as certificates attesting income, asset, capital and family situation. 198 In addition, where the
application is lodged before the action has been brought, an indication of the evidence in
support of the action must be provided.
20-118 The application must also contain a statement of facts and legal situation with specific mention
of the evidence to be presented and a statement regarding the economic and financial situation
of the applicant. 199 The following documents are also required to be attached to the application:
197
198
199
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Latest property and income declarations of the applicant;
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A document showing the personal monthly income for the previous year, or a declaration
of unemployment delivered by the competent authorities, or a certificate proving that the
applicant is receiving aid or financial support under a social welfare scheme;
–
A certificate of composition of household; and
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Any other official document that can provide proof of the financial situation of
the applicant.
r.378(2) RoP.
r.378(3) RoP.
r.378A(1) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 418
