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Your Rights to Appeal

Statement as to Right to Appeal

  1. Where the Certifying Officer refuses an application for a Legal Aid Certificate, the Applicant may appeal to the Legal Aid Tribunal. No appeal can be made following a refusal upon any determination by the Certifying Officer as to:
    1. The financial resources of the applicant (except in the case if Privy Council Proceedings)
    2. The maximum amount of contribution, or the method by which it is to be paid 
  2. Where the Certifying Officer grants an application for a Legal Aid Certificate any other party to the proceedings (the Opponents(s)) may appeal to the Legal Aid Appeals Tribunal.
  3. Where a Certificate has been granted and the Certificate is subsequently revoked or discharged and Assisted Person may appeal to the Legal Aid Appeals Tribunal against the revocation or discharge. No appeal can be made if the decision to discharge the Certificate is due to the Assisted person becoming financially ineligible to receive legal aid.

Any decision by the Tribunal on an appeal is final.

Making the Appeal

Appeals must be made in writing. And should be brought by giving to the Tribunal within 4 days of receipt of the notice of grant, refusal, revocation or discharge. The Tribunal may allow a longer period. 

You must give a copy of the appeal notice to the Certifying Officer.

An appeal shall be by way of a review of the general circumstances in which the application for a Legal Aid certificate was made. It should be noted that a Legal Aid Appeal Tribunal judgment has ruled that there is no right of appeal against amendments to a Legal Aid Certificate. A redacted version of their judgment is available from the Legal Aid Certifying Officer.

You can provide further statements in support of your application with the notice of appeal.

The Tribunal may require you to appear in support of his application. And you may conduct the appeal yourself, be represented by an Advocate or be assisted by some other person whom you have appointed for the purpose.

Outcome of the appeal

The Tribunal will determine the appeal in such manner as seems to be just and may:

  • Dismiss the appeal
  • Direct the Certifying Officer to offer a Legal Aid Certificate subject to such terms and conditions as they think fit
  • Instead of settling terms and conditions, direct the Certifying Officer to do so
  • Refer the matter or any part of it back to the Certifying Officer for determination and report

Any decision of the Tribunal with regard to an appeal will be final and the notice of the decision will be given to you and any Advocate acting on your behalf.

The Clerk

Legal Aid Appeals Tribunal

Tribunals Centralised Administration

General Registry

Isle of Man Courts of Justice

Deemsters Walk

Douglas

Isle of Man. IM1 3AR

Telephone:+44 1624 685941

Email:Send Email

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