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''Spending'' Scottish Legal Aid in England ?

  • rcmurray
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11 Nov 14 #449016 by rcmurray
Topic started by rcmurray
Hi,
My STBXH has recently moved to Scotland and qualifies for legal aid advice and assistance under the Scottish Legal Aid Board rules (he is claiming income based Employment & Support Allowance).

However, he is continuing to use his original English solicitor to progress divorce and child arrangements matters.

Despite his eligibility to legal aid in Scotland, will he have to pay the English solicitor or would he be able to ''spend'' his legal aid with the English solicitor?

Just trying to get a feel for how much this is costing him/not costing him to try to anticipate how difficult he is likely to be and how long he may drag things on for.

  • Fiona
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11 Nov 14 #449022 by Fiona
Reply from Fiona
To be eligible for legal aid in Scotland the applicant needs to have a low income and the issue needs to be about Scots law.

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12 Nov 14 #449113 by rcmurray
Reply from rcmurray
Thanks for the response. Would a divorce and child arrangements order being dealt with by the English courts be considered to be about Scots law ?

I just don''t understand why he wouldn''t have transferred to a Scottish solicitor following his relocation unless he is able to use his Scottish Legal Aid Board entitlement to pay his English solicitor ?

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