Scope of legal services to be provided
Legal aid and advice under the Directive can be provided in two areas which are normally excluded from the scope of civil legal aid and advice under the Act. These are the granting of civil legal aid in tribunals other than prescribed tribunals (i.e. other than the International Protection Appeals Tribunal) and in defamation cases.
In relation to defamation, we are required to take into account the nature of the case when the applicant is claiming damages to his or her reputation, but has suffered no material or financial loss. We may grant applications for legal aid in relation to defamation where the applicant is domiciled or habitually resident in another Member State.
As regards tribunals, the effect of the Directive is to make legal aid available for proceedings before a tribunal, where the applicant is domiciled or habitually resident in another Member State.