42.—(1) The cost benefit criteria are as follows.
(2) If the case is primarily a claim for damages or other sum of money and is not of significant wider public interest—
(a)if the prospects of success of the case are very good, the Director must be satisfied that the likely damages exceed likely costs;
(b)if the prospects of success of the case are good, the Director must be satisfied that the likely damages exceed likely costs by a ratio of two to one; or
(c)if the prospects of success of the case are moderate F1..., the Director must be satisfied that the likely damages exceed likely costs by a ratio of four to one.
(3) If the case is—
(a)not primarily a claim for damages or other sum of money; and
(b)not of significant wider public interest,
the Director must be satisfied that the reasonable private paying individual test is met.
(4) If the case is of significant wider public interest, the Director must be satisfied that the proportionality test is met.
Textual Amendments
F1Words in reg. 42(2)(c) omitted (22.7.2016) by virtue of The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2016 (S.I. 2016/781), regs. 1(1), 2(3) (with reg. 3)