The Civil Legal Aid (General) Regulations 1989

Regulation 137

SCHEDULE 2 MATTERS TO BE INCLUDED IN AN AFFIDAVIT OF COSTS AND RESOURCES

1.  An estimate of the unassisted party’s inter partes costs of the proceedings in respect of which his application is made, supported by–

(a) particulars of the estimated costs in the form of a summary bill of costs; and

(b) all necessary documentary evidence to substantiate each item in the bill.

2.  A statement, supported by evidence, of the unassisted party’s financial resources of every kind during the period beginning three years before his application is made, and of his estimated future financial resources and expectations.

3.  A declaration that to the best of his knowlede and belief the unassisted party has not, and at any relevant time has not had and will not have any financial resources or expectations not specified in the statement described in paragraph 2 above.

4.  A declaration that the unassisted party has not at any time deliberately foregone or deprived himself of any financial resources or expectations with a view to furthering his application.

5.  A statement supported by evidence of the unassisted party’s reasonable financial commitments during the period covered by his statement described in paragraph 2 above, including, if desired, his estimated solicitor and own client costs of the proceedings in respect of which his application is made.

6.—(1) If the unassisted party has, or at any relevant time has had, a spouse, his statements and declarations described in paragraphs 2 to 5 above shall also take account of and (to the best of his knowledge and belief) specify that spouse’s financial resources, expectations and commitments, unless he or she had a contrary interest to the unassisted party in the proceedings in respect of which his application is made, or the unassisted party and his spouse are or at the relevant time were living separate and apart, or for some other reason it would be either inequitable or impracticable for the unassisted party to comply with the requirements of this paragraph.

(2) Paragraph (1) shall apply to a man and woman who are living with each other in the same household as husband and wife as it applies to the parties to a marriage.

7.  Full particulars of any application for legal aid made by the unassisted party in connection with the proceedings in respect of which his application is made, including the date and reference number of any such application and the Area Director to whom it was made.