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The Civil Legal Aid (Merits Criteria) Regulations 2013

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Standard criteria for determinations for legal representation

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39.  An individual may qualify for legal representation only if the Director is satisfied that the following criteria are met—

(a)the individual does not have access to other potential sources of funding (other than a conditional fee agreement) from which it would be reasonable to fund the case;

(b)the case is unsuitable for a conditional fee agreement;

(c)there is no person other than the individual, including a person who might benefit from the proceedings, who can reasonably be expected to bring the proceedings;

(d)the individual has exhausted all reasonable alternatives to bringing proceedings including any complaints system, ombudsman scheme or other form of alternative dispute resolution;

(e)there is a need for representation in all the circumstances of the case including—

(i)the nature and complexity of the issues;

(ii)the existence of other proceedings; and

(iii)the interests of other parties to the proceedings; and

(f)the proceedings are not likely to be allocated to the small claims track.

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