A “statement of resources” should set out the details of the financial resources and expectations of the maker of the statement and of his “partner” (the person with whom he or she lives as a couple). The resources of a partner are not treated as the legally aided party’s resources if the partner has a contrary interest in the proceedings.
The full definition of “statement of resources” is given in paragraph 14 of the Regulations. In order to comply with that paragraph, the party making a statement of resources may be able to adapt the text of Form N9A, a copy of which is obtainable from the court office or from a Citizens Advice Bureau.
The Regulations provide for the filing of statements of resources not only by the legally aided party, but also by the receiving party. As regards costs incurred in appeal proceedings, applications are often made by large commercial companies or litigants who are insured or who are publicly funded and so are not expecting to receive any costs from the legally aided party. In such cases a statement of resources stating merely “the applicant is able to pay his costs out of its own resources” or “is insured” or “is a publicly funded body” will suffice. In such cases the court will assume that the applicant will not suffer any financial hardship if the application against the legally aided party fails.
Where the court is determining a request for a costs order against the Lord Chancellor and the costs were not incurred in appeal proceedings, a statement of resources does not have to be filed by the non-legally aided party.