A guide to the UPC and the UP - Flipbook - Page 429
20-119 If appropriate, a certificate relating to the income of other members of the applicant’s
household should also be attached to the application. 200 Any official documents cannot be
more than three months old. The Court may request the applicant to produce further
documentation or an affidavit of the truthfulness of the statements the applicant has made
in support of the application.
20-120 A new application must be lodged in the event of an appeal. 201
Evaluation of the Application
20-121 The Court will consider all relevant circumstances in deciding whether to grant legal
aid, including the importance of the action to the applicant and the nature of the action
when the application concerns a claim arising directly out of the applicant’s trade or selfemployed profession. 202
20-122 A party’s income and assets are taken into account by the Court in assessing that party’s
financial situation. 203 Income includes all earnings in money or equivalent value after
deducting all costs required by the applicant and dependent persons in order to cover their
reasonable living expenses (disposable income). The Administrative Committee will define the
deductions from income and assets to be taken into account when assessing the applicant’s
financial situation.
20-123 The rules relating to examination and the Court’s decision are set out in r.379 RoP. The Registry
will examine the admissibility of the application and ensure that the required criteria as to the
financial situation of the applicant are met. 204 The applicant will be invited to correct any
deficiencies within 14 days. 205
20-124 The Court will invite the other party to submit written observations before making a decision on
the application for legal aid unless it is already apparent from the application the action does
not have a reasonable prospect of success. 206 Documents relating to the economic and financial
situation of the applicant are made accessible to the other party only where the applicant has
consented or the applicant’s refusal of consent is unreasonable or in the view of the Court the
other party has a right to information on the economic or financial situation of the applicant. 207
20-125 An order refusing legal aid must state the reasons on which it is based. 208 If the applicant
intends to appeal the decision, the appeal must be filed with the Court of Appeal within one
month of receiving the order refusing legal aid. 209
20-126 An order granting legal aid may provide for:
200
201
202
203
204
205
206
207
208
209
–
An exemption, whole or part, from Court fees;
–
An interim amount to be paid to enable the applicant and/or representative of the applicant
to meet any request of the judge-rapporteur or standing judge prior to making a final order;
–
An amount to be paid to the representative of the applicant or a limit which the
representative’s disbursement and fees may not exceed; and/or
r.378A(2) RoP.
r.378(4) RoP.
r.377(3) RoP.
r.377A RoP.
r.379(1) RoP.
r.379(2) RoP.
r.379(3) RoP.
r.379(4) RoP.
r.379(5) RoP.
r.381 RoP.
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A Guide to the UPC and the UP 419
