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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11144
Experience:  30 years as a practising solicitor.
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Been to court for access to c my grandaughter, court appointed

Resolved Question:

Been to court for access to c my grandaughter, court appointed curatead lib for a report, The report was shocking full of hearsay and lies I can prove this in court when we go to full hearing, now legal aid board refusing any more legal aid due to this report what's my next move
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You have to ask the legal aid board to review their decision to stop legal aid but it has to be done properly so that they are persuaded that it is reasonable to continue legal aid. If you have evidence to discredit the facts raised in the report then I suggest that Affidavits by the relevant witnesses are drawn up and signed so that the board can see the evidence that will be presented when you go for a full proof hearing.

A report is done on an ex parte basis and does not really have much evidential value. It is done to give the sheriff some material to work from when deciding what interim orders are to be granted. The sheriff will, at proof, hear evidence from witnesses so that evidence should be put to the legal aid board in support of continuing legal aid to cover the preparation and conduct of the final proof.

I hope this helps. Please leave a positive response so that I am credited for my time.
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