An application for legal aid in the lower courts is to be sent to the High Commission, Amtmansbrekkan 6, FO-100 Tórshavn. There are no formal requirements. Thus, it is up to the applicant if he or she wishes to use the application form or send the application in some other form.
An application must be submitted in time for the High Commission to reach a decision in the case before the case is concluded in the court in the form of a main hearing or settlement.
Included with the application should be all relevant information and attachments so that the High Commission is able to evaluate whether the case for legal aid is reasonable. If a summons, reply and possibly other pleadings in the case have already been exchanged, they should be attached. In this regard, it should be noted that legal aid cases are application cases, which means that the High Commission’s principle of examination is lessened. This means that it is the applicant’s responsibility to obtain and submit the information which may be of importance in deciding whether legal aid is granted or not. In case the applicant does not submit the information necessary for evaluating whether the requirements for legal aid are met, the High Commission can choose to reject the application because it has not received the information necessary to evaluate whether the conditions for legal aid have been met or not.
With the application, a copy of the applicant’s and possible spouse’s/cohabitor’s annual tax return from the year before last must be submitted. In 2023, the tax return from 2021 is to be submitted. If the application is sent in December, the tax return from the previous year is also to be submitted.
If current income has changed significantly since the year before last, further documentation of the applicant’s and possible spouse’s/cohabitor’s income for the last three months is to be submitted.
Furthermore, it must be stated how many children the applicant has, including stepchildren and foster children under the age of eighteen, that either live with the applicant or which support is mainly provided by him or her.
If the applicant is single, this should be stated in the application.
When the High Commission has received the application, the High Commission will ask a possible opposing party for a statement describing how it sees the twist in the case that legal aid entails. Note, however, that the opposing party in the case cannot file a complaint over that legal aid is granted to the applicant, since the opposing party is not a party in the legal aid case.
The court processes application for legal aid in appeal cases, when the applicant’s case has been fully or partly upheld in the lower courts, and the case is appealed by the opposing party, cf. s. 355 (2).