The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

Value of the business etc E+W

36.—(1) Paragraphs (2) to (4) apply where an application is made for—

(a) legal representation, except legal representation for proceedings in—

(i) the Immigration and Asylum Chamber of the First-tier Tribunal M1 ;

(ii) the Immigration and Asylum Chamber of the Upper Tribunal M2 in relation to an appeal or review from the Immigration and Asylum Chamber of the First-tier Tribunal; or

(b) family help (higher).

(2) Where the individual is the sole owner of, or a partner in, a business, the value of the business to the individual must be taken to be the greater of—

(a) such sum, or their share of such sum, as could be withdrawn from the assets of the business without substantially impairing its profits or normal development; and

(b) such sum as the individual could borrow on the security of their interest in the business without substantially injuring its commercial credit.

(3) Where the individual stands in relation to a company in a position analogous to that of a sole owner of, or a partner in, a business, the Director may, instead of ascertaining the value of the individual's stocks, shares, bonds or debentures in that company, treat the individual as if they were a sole owner of, or a partner in, a business and calculate the amount of the individual's capital in respect of that resource in accordance with paragraph (2).

(4) Where the individual owns solely, jointly or in common with other persons, any interest on the termination of a prior estate—

(a) whether—

(i) legal or equitable;

(ii) vested or contingent; or

(iii) in reversion or remainder; and

(b) whether in real or personal property or in a trust or other fund,

the Director must calculate the value of such interest in such manner as appears to the Director to be both equitable and practicable.

(5) Where an application is made for other forms of civil legal services, the sums described in this regulation must be disregarded from the calculation of capital.

Marginal Citations

M1 The Immigration and Asylum Chamber of the First-tier Tribunal is allocated these functions under article 5 of S.I. 2010/2655.

M2 The Immigration and Asylum Chamber of the Upper Tribunal is allocated these functions under article 11(a) and (b) of S.I. 2010/2655.