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Regulation 2 Amendments to the Community Legal Service (Financial) Regulations 2000

Original text. Later amendments are not shown.

After regulation 5C insert—

“Waiver of eligibility limit and contributions in cross-border disputes

5D.
(1)

This regulation applies to an application to the Commission 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 regulations 5 and 5A if the client proves that he is unable to pay the cost of proceedings in England and Wales 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 England and Wales; and

(b)

waive part or all of any contributions payable under regulation 38, if and to such extent as the client proves that he is unable to pay them 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 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.”.