Regulation 5 Form of Application
Subject to regulations 6 and 18 below, an application for legal aid under section 14 of the Act shall be–
in writing, in such form as the Board may require, and signed by the applicant;
accompanied by a statement, signed by the applicant and by or on behalf of the solicitor acting for the applicant, as to the nature of the case and the interest of the applicant therein;
accompanied, so far as possible, by such precognitions and other documents as may be requisite to enable the Board to determine the application; and
endorsed with a certificate by or on behalf of the solicitor either that notification of the application has been made to the opponent or his solicitor in accordance with regulation 7 below or, as the case may be, that the whereabouts of the opponent are unknown, or that the Board has determined that notification should be dispensed with or postponed.
Where the applicant resides outside the United Kingdom and is not able to be present in the United Kingdom when his application is being considered, the application, which shall be in English or in French, shall, subject to paragraph (3) below, be sworn–
if the applicant resides within the Commonwealth or the Republic of Ireland, before any Justice of the Peace or Magistrate, or any person for the time being authorised by law, in the place where he is, to administer an oath for any judicial or other legal purpose, or
if the applicant resides elsewhere, before a consular officer in the service of Her Majesty’s Government in the United Kingdom, or any other person for the time being authorised to exercise the functions of such an officer or having authority to administer an oath in that place for any judicial or other legal purpose,
and shall be accompanied by a statement in writing, signed by some responsible person who has knowledge of the facts, certifying that part of the application which relates to the applicant’s disposable income and disposable capital.
The requirements of paragraph (2) above may be waived in whole or in part by the Board where it is satisfied that compliance with them would cause serious difficulty, inconvenience or delay and the application satisfies the requirements of paragraph (1) above.