Θεσμοί Πολιτικής Δικονόμίας - ORDER 8: PROCEEDINGS BY AND AGAINST POOR PERSONS

1. The Court or a Judge may admit a person to sue or defend as a pauper except in bankruptcy proceedings if satisfied-

[Δ.Κ. 8.5.1958] (i) that he is not worth £50 (excluding wearing apparel, bed and bedding, and the subject matter of the action); and

[Δ.Κ. 8.5.1958] (ii) that his usual income from all sources does not exceed £2 a week; and

(a) by an affidavit stating that the applicant satisfies conditions (i) and (ii) of Rule 1 of this Order, or to the like effect, and setting forth all the material facts on which he relies in his desire to sue or defend, distinguishing between those which are within his personal knowledge and those which he bases on information and belief and in the latter case setting forth the sources of his information and grounds of his belief; and

(b) by an advocate's opinion to the effect that the applicant has a good cause of action or good grounds of defence.

(2) The application and affidavit shall be signed and sworn by the applicant himself.

[Δ.Κ. 8.5.1958] (3) No Court fees shall be payable on filing any such application or in respect of the affidavit accompanying it.

3. No Court fees shall be paid by a person admitted to sue or defend as a pauper, nor shall he, save where the Court otherwise orders, be liable to pay or be entitled to receive any costs.

4. In granting the application the Court or Judge may assign an advocate to the applicant, and the advocate assigned shall not refuse to act for the applicant or be discharged by him except with the leave of the Court or Judge.

5. (1) Neither the advocate whose opinion accompanies the application, nor the advocate assigned to the applicant, nor any other person, shall, without permission of the Court, take or agree to take or seek to obtain any payment whatsoever from the applicant or any other person in connection with the application or the action taken or defended thereunder. Breach of this Rule shall be punishable as a contempt of Court.

(2) If the applicant pays or agrees to pay any money to any person whatsoever either in connection with his application or the action taken or defended thereunder, his application shall be refused, or, if already granted, he shall be dispaupered.

(3) If the advocate assigned to the applicant discovers that the applicant is possessed of means beyond those stated in the affidavit, he shall at once report the matter in writing to the Court.

6. The Court or a Judge may at any time revoke the order granting the application, and thereupon the applicant shall not be entitled to the benefit of this order in any proceedings to which the application relates unless otherwise ordered.

7. Neither the applicant nor the advocate assigned to him shall discontinue, settle, or compromise the action without the leave of the Court or a Judge.

8. The Court may order to be paid to the advocate assigned out of any money recovered by the applicant, or may charge in favour of the advocate assigned upon any property recovered by the applicant, such sum, not exceeding one-fourth of the amount or value recovered, as may seem fit.

9. Every writ, notice, or application, on behalf of the applicant in the action (except an application for the discharge of his advocate) shall be signed by his advocate, who shall take care that no application or notice is made or given without reasonable cause.

10. There shall be no appeal as a pauper by a person admitted to sue or defend as such without the leave of the trial or the appellate Court.

11. A person who has not sued or defended as a pauper may be admitted to appeal as such by the trial or the appellate Court.

12. (1) An application under Rule 10 or 11 of this Order shall be accompanied by a statement of the grounds-which shall be grounds of law only-on which it is desired to appeal, and such grounds shall be certified by an advocate to be proper grounds for appeal : and the order granting the application may limit the grounds on which the appeal may be made.

(2) The application shall likewise be accompanied by an affidavit by the applicant stating that he satisfies conditions (i) and (ii) of Rule 1 of this Order.

13. Where a person has been admitted to appeal as a pauper, the provisions of the preceding Rules shall, mutatis mutandis, apply to all proceedings on the appeal.