The Civil Legal Services (Financial) Regulations (Northern Ireland) 2015

Waiver of eligibility limits and contributions in cross-border disputes

9.—(1) This regulation applies to an application by a client domiciled or habitually resident in another Member State for the funding of services in relation to a cross-border dispute.

(2) Where this regulation applies, the Commission must—

(a) disapply the relevant eligibility limits in regulation 6 if the client proves that they are unable to pay the cost of proceedings in Northern Ireland in relation to the dispute as a result of differences in the cost of living between the client’s Member State of domicile or habitual residence and Northern Ireland; and

(b) waive all or part of any contribution payable under Part 3, if and to such extent as the client proves that they are unable to pay the contribution as a result of such differences in the cost of living.

(3) In this regulation—

“cross-border dispute” means a dispute where a client is domiciled or habitually resident in a Member State other than the Member State where the court is sitting or where the decision is to be enforced;

“Member State” means a member state of the European Union except Denmark.

(4) For the purposes of this regulation the Member State in which a client is domiciled shall be determined in accordance with Article 59 of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.