Limited availability of advice and assistance for tracing relatives or witnesses: “fishing enquiries”

Advice and assistance is not available:

  • To cover advertising or make enquiries about relatives to discover where they are or what has happened to them
  • For “fishing enquiries” such as tracing a spouse and keeping watch to see if he or she is committing adultery, based only on suspicion.

An increase can be granted to find out where the person is, if:

  • The enquiries are needed before legal proceedings can take place (for example for presumption of death or before raising divorce proceedings)
  • To enable a witness to be traced to get a precognition.

We will not grant an increase to employ a private investigator in an adultery case without details about the circumstances in which the alleged adultery is taking place.  These details should include the address at which it is believed to be taking place and the likelihood of getting evidence.

Any increase will normally cover getting a report from one enquiry agent only.  It will only cover two if it is shown that the court in which the action is to be raised will not accept the evidence of a single enquiry agent or there are other reasons for two agents to report.

Advice and assistance increases for mediation

In this section

Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

The use of counsel under Advice and Assistance

Find out more about obtaining authorised funding for counsel under A&A.

Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Advice and assistance increases for expert witnesses who are based at a considerable distance from the court and your client: factors to address

View instances where A&A increases for expert witnesses that are located at a distance from the court and your client with the factors to address.

Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Advice and assistance increases for mediation

Find out about the conditions that have to be met for mediation to be considered outlay in your account under advice and assistance.