The system of free trial is intended to give people whose economic circumstances are less good the opportunity to conduct legal proceedings on the same level as people with better economic circumstances.
The conditions for obtaining free trial
You can obtain a free trial for conducting your case in the courts if you meet certain specific conditions. The specific conditions appear in §§ 353-357 of the procedural law.
In general, you are only granted free trial if:
- you are not covered by legal aid insurance or other insurance which covers the costs of the case,
- your annual income does not exceed a certain amount limit, and if
- you have reasonable grounds to take your case to court, including because your prospects of success in court are considered to be predominantly probable.
The effects of a free trial
If you are granted a free trial, the state treasury will cover the expenses that are necessary in connection with the processing of your court case. The specific effects of a free trial appear from § 359 of the procedural law.
How to apply for a free trial
Applications for a free trial are processed by both the High Commissioner’s Office and the Court in the Faroe Islands.
Usually, your application should be sent to the High Commissioner’s Office, who then assesses whether you meet the required conditions in the rules of procedural law.
However, you must submit your application for a free trial to the Court of the Faroe Islands if it is covered by § 355 of the procedural law. This is, among other things, the case, if you apply for a free trial for a divorce, separation or probate case.
The form of the application
There are no formal requirements for applications for a free trial, but the High Commissioner’s Office has prepared an application form which you can advantageously choose to use for the purpose. It is also up to you whether you submit the application physically or via e-mail.
Since your application for a free trial is an application case, it is your task to provide and submit to the High Commissioner’s Office the information which, according to you, is important for the decision of the case. In this way, no information is obtained from other authorities in connection with the processing of your application for a free trial, but it does appear that the High Commissioner’s Office chooses to hear your counterpart.
The application form for free trial is found below: