Amendments to the Community Legal Service (Financial) Regulations 20002
After regulation 5C insert—
“Waiver of eligibility limit and contributions in cross-border disputes5D
(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.”.
Specified date: 30 November 2004: see reg 1(1).
Conflict of Laws91
Domicile & Residence91