PART 4GENERAL MERITS CRITERIA
Cost benefit criteria for determinations for full representation42
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, 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.