Jugement Kantonsgericht (VD - HC/2020/396)

Canton:	VD
Case number:	HC/2020/396

Instance:	Kantonsgericht
Department:	Chambre des recours civile

Kantonsgericht Entscheid HC/2020/396 vom 04.06.2020 (VD)

Date:	04.06.2020
Force of law:	-

Summary:	U.________, who is suing in a civil case against E.________, requested free legal advice. The president of the Civil Court of the District of Broye and Nord vaudois rejected the application. U._______ filed an appeal, arguing that he could not bear the costs of the proceedings. The Cantonal Court granted the appeal and granted U.________ free legal advice. The Cantonal Court based its decision on the fact that U.________ could not bear the costs of the proceedings and that the legal dispute was of considerable importance to him. More detailed summary: U.________ and E.________ are arguing in the Civil Court of the district of Broye and Nord vaudois about the payment of alimony. U.________ requested free legal advice, as he could not bear the costs of the proceedings. The president of the court rejected the request. U._______ filed an appeal, arguing that he could not bear the costs of the proceedings. He added that the litigation is of considerable importance for him, since he is arguing for the payment of alimony for his children. The Cantonal Court granted the appeal and granted U.________ free legal advice. The court based its decision on the fact that U.________ could not bear the costs of the proceedings and that the litigation was of considerable importance to him. The decision of the Cantonal Court is an important signal for people who are fighting for free legal advice in a civil case. The court clarified that the cost of the procedure is not the only criterion for providing free legal advice. The importance of the legal dispute for the persons concerned can also be taken into account.
Rule of Law:	Art. 100 LTF;Art. 106 CPC;Art. 117 CPC;Art. 118 CPC;Art. 119 CPC;Art. 121 CPC;Art. 123 CPC;Art. 319 CPC;Art. 321 CPC;Art. 326 CPC;Art. 74 LTF;
BGE reference::	-
Comment:	Spühler, Basler Kommentar ZPO, Art. 319, 2013

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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