Cap. 12 Art. 928BRight to legal aid.

(1) Legal aid shall be granted to the applicants involved in a cross-border dispute who are, partially or totally, unable to meet the costs of the proceedings as a result of their economic situation.

(2) Applicants who have received legal aid in a Member State other than Malta in respect of proceedings before a court in that other Member State shall be entitled to receive legal aid in Malta if recognition or enforcement of the judgement is sought in Malta.

(3) Legal aid applies to:

(a) pre-litigation advice with the aim of reaching a settlement prior to instituting legal proceedings;

(b) legal assistance and representation in court, even at the appeal stage, with or without the cost of proceedings of the recipient;

(c) the costs of the opposing party had the recipient lost the case and would be so obliged to pay such costs if he were domiciled or habitually resident in the Member State in which the court is sitting;

(d) the enforcement of authentic instruments in another Member State;

(e) extrajudicial procedures under the conditions defined in the Directive if there is a legal requirement for the parties to use them or if the parties to the dispute are ordered by the court to have recourse to them.

(4) Legal aid shall be granted or refused by the competent authority when the Court is sitting in Malta and by the competent authority of the Member State other than Malta when the Court is sitting outside Malta.

(5) Without prejudice to sub-article (4), legal aid applicants may not be prevented from legal aid if they prove that they are unable to pay the cost of the proceedings as a result of differences in the cost of living between the Member State of domicile or habitual residence and of the forum.