https://www.slab.org.uk/guidance/defamation/
https://www.slab.org.uk/guidance/defamation/
Your client must meet the full criteria for defamation. Your client must demonstrate a plausible basis for bringing or defending proceedings. Among other things, issues such as jurisdiction must be fully addressed.
The factors on reasonableness must be properly addressed and the usual financial eligibility criteria apply
We must be satisfied that there is a wider public interest or that effective representation is not possible without public funding.
In determining whether we are satisfied that, without public funding your client would be unable to bring or defend proceedings effectively, we have to take into account your client’s (with the assistance of any accompanying person) ability to:
A case may be viewed as exceptional if the degree of exceptionality is similar to other cases where the Court of Session, the Supreme Court or the European Court of Human Rights have ruled that the absence of public funding for representation would be a violation of human rights.
Where you consider there is a wider public interest involved you should set out what the interest is and the benefits to the wider community
Where you consider that the effective participation test applies you should explain why your client could not proceed without public funding and provide any relevant supporting information including, where applicable, medical reports.
Merits of different types of case
This page includes merits information for various types of cases involving disputes over children. The case types covered include: adoption and permanence orders; orders relating to parental rights and responsibilities; contact and residence orders; specific issue orders; minutes to vary; and minutes for failure to obtemper. Information is included for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of cases in relation to matrimonial property disputes, including: division or sale actions and exclusion orders. It covers the supporting information you should provide with these types of application, and information for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of divorce (or dissolution) cases without craves for financial provision. The case types covered include divorce based on one or two year separation; on grounds of adultery; and on the basis of interim gender recognition certificate. Information is included for defenders and pursuers. Information is also included for cross-actions and Court of Session cases.
Merits of different types of case
This page includes merits information for various types of divorce cases with financial provision. The case types covered include capital sum orders; transfer of property orders; earmarking orders; incidental orders in terms of section 14(2) of the Family Law (Scotland) Act 1985; and pension sharing orders. It covers the kinds of information we expect to see with these types of applications.
Merits of different types of case
This page includes merits information for various types of interdict (etc.) cases. Types of cases covered include: general interdicts (including non-molestation orders); matrimonial and domestic interdicts; breaches of interdict and power of arrest; non-harassment orders; and applications to revoke or vary orders. Information is included for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of applications in relation to reparation actions. The case types covered include: road traffic accidents; accidents at work; industrial disease cases; professional negligence claims; and condensation/dampness claims. Evidential requirements are included alongside information for both pursuers and defenders where relevant.
Merits of different types of case
This page includes merits information for applications in relation to various types of appeal, and associated evidential requirements. The case types covered include: appeals against refusal of permission; licensing appeals; appeals to the UK Supreme Court; appeals against the First Tier and Upper Tribunals; appeals against the Social Security Commissioners, and information you should provide with your application.
Merits of different types of case
This page includes merits and other practical information for various types of action before the First Tier Tribunal for Scotland (Housing and Property Chamber). It includes the type of actions for which legal aid is available; operational guidance on how we consider these types of applications; and the evidence you should provide with your applications. The fees available are also included.