About the statements of facts
A fully completed statement of facts will provide all of the information needed for a speedy decision on an application. Applications are considered on the basis of the written submissions and the accompanying documentation. Where a statement of facts will be particularly lengthy, type “See separate statement of facts” and create a separate statement of facts using the templates provided on the Documents tab in EOS and make it available to Legal Services. (AAA.Statement of facts )
If the information provided initially in connection with an application is inadequate, Legal Services will contact the solicitor concerned for further material before a decision can be taken on the case. This is essential to ensure that the client’s case is fairly presented.
In deciding what information should be provided, a solicitor should put themselves in the position of a third party and consider what information they would require in order to make an informed decision having regard to the terms of the Act and the Regulations.
One of the basic principles underlying the legislation - and one which must be considered in each instance - is whether a reasonably prudent person would, in fact, be likely to fund the action in question from his or her own resources if the case was as strong (or as weak) as that presented by the applicant. In other words, the purpose of the legislation is to put the applicant in the position of a litigant of modest (though not too modest) means in the real world. In order to apply this principle in individual cases, we obviously need to get a full picture of the case.