Legal Definitions - probabilis causa litigandi

PROBABILIS CAUSA LITIGANDI

Probabilis causa litigandi is a Latin term used in Scots law to refer to a probable cause of action. When someone applies for legal aid, they must demonstrate that there is a reasonable basis for the proposed legal action.

For example, if someone wants to sue their landlord for not fixing a leaky roof, they must show that there is a probable cause of action. This means that they must provide evidence that the landlord was aware of the problem and failed to take action to fix it. If they cannot provide such evidence, their case may not be considered probable and they may not be granted legal aid.

Another example could be a person who wants to file a lawsuit against a company for selling a defective product. They must show that there is a probable cause of action by providing evidence that the product was indeed defective and that the company was aware of the defect but failed to take action to correct it.

These examples illustrate how the concept of probabilis causa litigandi is used in Scots law to ensure that legal aid is only granted to those who have a reasonable chance of success in their legal action.