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.