Cases of fundamental importance

According to the Administration of Justice Act, s. 357, the High Commission may, when exceptional circumstances call for it, grant legal aid even if the usual requirements for legal aid according to the Administration of Justice Act, s. 353, cf. s. 355 and s. 356, have not been met.

Provisions are made in s. 357 for the possibility of granting legal aid even if the usual requirements have not been met.

This pertains to cases that are of fundamental importance or in the public’s interest, or which are of significant importance for the applicant’s social or business circumstances.

It is evident in the preparation for making these provisions that cases of fundamental importance or of general public interest refer to cases that raise questions of the interpretation of law that hitherto have not been answered, cases that significantly infringe on the lives of individual persons or groups as well as cases where the decision will form legal precedence for later cases.

Cases that are of significant importance for the applicant’s social or professional circumstances, can, considering the circumstances, be cases that have risen from minor private business enterprises.

An application for legal aid according to the Administration of Justice Act s. 357 is to be sent to the High Commission.