26.—(1) On receiving an application for a certificate, the Area Director may, if he thinks fit,–
(a)notify any party to the proceedings in respect of which the application is made; and
(b)ask that party whether he is willing to delay taking any further step in, or in relation to, the proceedings until the application has been determined.
(2) When the Area Director has determined the application, he shall so inform any party notified under this regulation.
27.—(1) Where the assessment officer assesses that an applicant has disposable income of an amount which makes him ineligible for legal aid, the Area Director shall refuse the application.
(2) Where the assessment officer assesses that an applicant, having disposable income of an amount which makes him eligible for legal aid, has disposable capital of an amount which renders him liable to be refused legal aid, the Area Director shall refuse the application if it appears to him that the probable costs of the applicant in the proceedings in respect of which the application was made would not exceed the contribution payable by the applicant.
28. Without prejudice to the generality of section 15(2) or (3) of the Act, an application for a certificate shall only be approved after the Area Director has considered all the questions of fact or law arising in the action, cause or matter to which the application relates and the circumstances in which the application was made.
29. Without prejudice to regulations 28 and 32, an application may be refused where it appears to the Area Director that–
(a)only a trivial advantage would be gained by the applicant from the proceedings to which the application relates, or
(b)on account of the nature of the proceedings a solicitor would not ordinarily be employed.
30.—(1) Without prejudice to regulation 28, an application may be refused where it appears to the Area Director that–
(a)the applicant has available to him rights or facilities which make it unnecessary for him to obtain legal aid; or
(b)the applicant has a reasonable expectation of obtaining financial or other help from a body of which he is a member,
and that he has failed to take all reasonable steps to enforce or obtain such rights, facilities or help (including permitting the Area Director to take those steps on his behalf).
(2) Where it appears that the applicant has a right to be indemnified against expenses incurred in connection with any proceedings, it shall not, for the purposes of paragraph (1), be deemed to be a failure to take reasonable steps if he has not taken proceedings to enforce that right, whether for a declaration as to that right or otherwise.
31.—(1) The Area Director shall, when determining an application, also determine the sums for the time being payable on account of the applicant’s contribution and, in so doing, shall have regard to the probable cost of the proceedings.
(2) Where the probable cost of the proceedings exceeds any maximum contribution which has been assessed, the Area Director shall determine the maximum contribution as the sum payable on account of the applicant’s contribution.
(3) Save as otherwise provided by these Regulations, the sum determined under paragraph (1) shall not exceed the maximum contribution which has been assessed.
32.—(1) When determining an application, the Area Director shall consider whether it is reasonable and proper for persons concerned jointly with or having the same interest as the applicant to defray so much of the costs as would be payable from the fund in respect of the proceedings if a certificate were issued.
(2) In determining an application made by, or on behalf of, a person in connection with an action, cause or matter in which–
(a)numerous persons have the same interest, and
(b)in accordance with rules of court, one or more persons may sue or be sued, or may be authorised by a court to defend any such action, cause or matter on behalf of or for the benefit of all persons so interested,
the Area Director shall consider whether the rights of the applicant would be substantially prejudiced by the refusal of his application.
(3) Where an application has been approved and the Area Director considers that it is reasonable that persons concerned jointly with or having the same interest as the applicant should contribute to the cost of the proceedings, he shall add the amount which would be payable by such persons to the sums (if any) payable by the applicant under regulation 31 and shall so notify him under regulation 43(2).
(4) The Area Director may subsequently redetermine the amount of any additional sums payable under paragraph (3) where he is satisfied that the applicant has, without success, taken all reasonable steps (including permitting the Area Director to take those steps on his behalf) to obtain such payment.
33. Where an application is made in a representative, fiduciary or official capacity, the Area Director–
(a)shall take into account the value of any property or estate or the amount of any fund out of which the applicant is entitled to be idemnified and the financial resources of any persons (including the applicant if appropriate) who might benefit from the proceedings; and
(b)may (without prejudice to regulation 28) either–
(i)approve the application, subject to the payment from the property or resources specified in sub-paragraph (a) of any sums which he may in his discretion determine, or
(ii)refuse the application, if he concludes that to do so would not cause hardship.