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The Civil Legal Aid (Scotland) Regulations 2002
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5. Where the person concerned is or is to be treated as the sole owner of or a partner in any business, the value of such business or that person’s share therein to that person shall be taken to be either–
(a)such sum, or that person’s share of such sum, as the case may be, as could be withdrawn from the assets of such business without substantially impairing the profits of such business or the normal development thereof; or
(b)such sum as that person could borrow on the security of his or her interest in such business without substantially injuring the commercial credit of that business;
whichever is the greater.
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