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The Civil Legal Aid (Merits Criteria) Regulations 2013

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CHAPTER 7Cross-border disputes

Criteria for determinations in relation to cross-border disputes

72.—(1) For the purposes of a determination for legal help in relation to any matter described in paragraph 44 of Part 1 of Schedule 1 to the Act (cross-border disputes), regulation 32 (criteria for determinations for legal help) does not apply and the criterion in paragraph (2) applies.

(2) An individual may qualify for legal help only if the Director is satisfied that the application is not manifestly unfounded.

(3) For the purposes of a determination for legal representation in relation to any matter described in paragraph 44 of Part 1 of Schedule 1 to the Act (cross-border disputes)—

(a)the general merits criteria apply; and

(b)if the general merits criteria are not met the Director must then consider whether legal representation should be granted in any event—

(i)in order to guarantee access to justice;

(ii)in order to ensure equality of parties; or

(iii)in view of the complexity of the case,

and taking into account the importance of the case to the individual.

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