Contact Us

T: +44 (0)1534 613999

E: email@legalaid.je

Legal Aid Office
5 Britannia Place
Bath Street
St Helier
Jersey
Channel Islands
JE2 4SU

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Eligibility

Applicants for Civil Law Legal Aid must be able to satisfy three eligibility tests:

1. Residency 

  • Applicants must be ordinarily resident in Jersey.

  • Residency must be for a period of not less than 12 months immediately prior to the application for Legal Aid.

  • All applicants must be registered with Social Security.

  • Applicants may be required to evidence that they meet the residency test.

2. Financial 

  • All applicants are required to evidence that they are financially eligible for Legal Aid.

  • If your personal capital is below £50,000 and your personal income is below £33,000, or if you are only in receipt of Income Support you may qualify for Legal Aid.

  • If either your capital or income exceeds the above thresholds, you will not qualify for Legal Aid.

Are you eligible for Legal Aid? 

 

The Personal Capital Limit is £50,000 and the Personal Income Limit is £33,000

Capital includes property (including the equity in any property, whether in Jersey or elsewhere), savings and investments. 

Where assets are jointly owned (e.g. property, savings accounts), 50% of the total value should be included in the capital calculation.

Income includes your gross employment income (before any deductions are made for tax or social security), pensions, benefits (including Income Support), investment income or interest and maintenance payments.

The Legal Aid Office may require you to provide evidence of your capital and income e.g. pay slips, mortgage statements, bank statements, income support assessments. 

Personal Contributions 

Where Legal Aid has been granted in family and civil matters, applicants with total income above £20,000 will be required to contribute towards the cost of their legal representation on the following basis: 

Gross Income

Contribution level

Monthly Payment

Up to £20,000

NIL

NIL

£20,001 - £24,000

10%

£25

£24,001 - £28,000

20%

30%

£50

£28,001 - £33,000

£100

Legal Aid will not be granted where an applicant’s total income (from all sources) exceeds £33,000 (other than where an individual is only in receipt of Income Support). 

The value of Income Support payments (other than in relation to rent paid directly to Andium Homes or to a private landlord) will be included in the assessment of total income, which will be used to calculate personal contributions.

Where Legal Aid is granted, you will be advised what your personal contribution level will be (i.e. 10%, 20% or 30%) and how much you will have to pay, on a monthly basis, towards the cost of your legal representation.

Legal Aid may be withdrawn if you do not pay the required monthly contributions.

3. Area of Law

Civil Law Legal Aid is available for the following matters:

  • Eviction proceedings where an Eviction Notice has been served 

  • Licitation proceedings where a minor child resides in the property

  • Contractual disputes which are outside the jurisdiction of the Petty Debts Court i.e. over £30,000

  • Professional negligence (including claims of negligence for breach of duty in respect of Powers of Attorney, Probate or Tutelles)

  • Appeals to the Royal Court against the decision of the Employment and Discrimination Tribunal, the Social Security Tribunal or determination/orders of the Data Protection Authority against an individual, subject to a favourable opinion on the merits of an appeal.

Civil Law Legal Aid is not available for the following matters:

  • Personal Injury Claims and Medical Negligence claims. A specialist legal panel has been established to assess all potential personal injury and medical/clinical negligence claims in Jersey. Please click here for more information. 

  • Remise de bien / dégrèvement proceedings

  • Bankruptcy/en Désastre

  • Licitation proceedings (other than where a minor child resides in the property)

  • Delegate matters (other than claims in negligence for breach of duty)

  • Conveyancing / Property / Boundary Disputes / Voisinage

  • Deed polls 

  • Data protection matters (other than in respect of appeals to the Royal Court by an individual against determinations/orders of the Data Protection Authority)

  • Defamation / Libel / Slander

  • Debt related issues or proceedings

  • Discrimination law (other than in respect of appeals to the Royal Court against the decision of the Employment and Discrimination Tribunal)

  • Employment law (other than in respect of appeals to the Royal Court against the decision of the Employment and Discrimination Tribunal)

  • Planning disputes

  • Powers of Attorney (other than claims in negligence for breach of duty) including Lasting Powers of Attorney 

  • Probate (other than claims in negligence for breach of duty)

  • Taxation issues (including disputes with Comptroller of Taxes)

  • Tribunal issues (Employment & Discrimination, Social Security, Housing, Motor Insurance Bureau, Criminal Injuries Compensation Board or any other type of tribunal)

  • Tutelles (other than claims in negligence for breach of duty)

  • Wills (the making of wills or associated activity)

You do not qualify for Civil Law Legal Aid?

Apply for Legal Aid

Please click here to see if you are financially eligible

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Civil Claims & Proceedings

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