Legal Services Directions 2025
48Entities to receive written legal advice before starting court proceedings
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48 Entities to receive written legal advice before starting court proceedings
(1) An entity must not start court proceedings unless:
(a) the entity has received written legal advice from lawyers whom the entity is allowed to use in the proceedings indicating that there are reasonable grounds for starting the proceedings; or
(b) in urgent cases—the entity has received oral legal advice from such lawyers that there are reasonable grounds for starting the proceedings.
(2) Where paragraph (1)(b) applies, the entity must obtain written confirmation of the oral advice at the earliest opportunity.