Rule 379

Rule 379 – Examination and decision

1. The Registry shall examine the formal admissibility of the application for legal aid and the conditions regarding the financial situation of the applicant pursuant to Rules 377.1(a), .2 and 377A.
2. If the requirements referred to in Rules 377.1(a), .2, 377A, 378 and 378A have not been met, the applicant shall, as soon as practicable, be invited to correct the deficiencies within 14 days.
3. If the requirements referred to in Rules 377.1(a), .2, 377A, 378 and 378A have been met or the applicant fails to correct a deficiency, the decision on such application shall be taken, by way of order, by the judge-rapporteur or, where the application is lodged before the action has been brought, by the standing judge.
4. Before making a decision on an application for legal aid, the Court shall invite the other party to submit written observations unless it is already apparent from the information submitted that the conditions referred to in Rule 377.1(b) have not been met. Documents regarding the economic and financial situation of the applicant shall be 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.
5. An order refusing legal aid shall state the reasons on which it is based.
6. An order granting legal aid may provide for:
   1. (a) an exemption, wholly or partly, from Court fees;
   2. (b) an interim amount to be paid to enable the applicant and/or the representative of the applicant to meet any request of the judge-rapporteur or standing judge prior to making a final order;
   3. (c) an amount to be paid to the representative of the applicant or a limit which the representative’s disbursements and fees may not exceed;
   4. (d) a contribution to be made by the applicant to the costs referred to in Rule 376.1(c).
7. Legal aid may be granted only for the period from receipt of the application with the Court.
8. Where the legal aid covers, in whole or in part, the costs of legal assistance and representation the order granting legal aid shall designate the representative of the applicant.
9. On a request by the designated representative, the Court may order that an amount shall be paid by way of advance.
10. Where requested by the applicant in accordance with Rule 378.2(h), the Court shall decide on the suspension of any time limit.

Link to this rule | To table of contents