The Civil Legal Aid (General) Regulations 1989

Notification of refusal

34.—(1) Where an application for a certificate is refused on one or more of the following grounds, namely, that

(a) the assessment officer has assessed that the applicant has disposable income which makes him ineligible for legal aid; or

(b) the assessment officer has assessed that the applicant, having disposable income of an amount which makes him eligible for legal aid, has disposable capital of an amount which renders him liable to be refused legal aid and it appears to the Area Director that, without legal aid, the probable costs to the applicant of the proceedings in respect of which the application was made would not exceed the sums payable by the applicant on account of his contribution; or

(c) the proceedings to which the application relates are not proceedings for which legal aid may be given; or

(d) the applicant has not shown that he has reasonable grounds for taking, defending or being a party to the proceedings; or

(e) it appears unreasonable that the applicant should receive legal aid in the particular circumstances of the case,

the Area Director shall notify the applicant of the grounds on which the application has been refused and inform him of the circumstances in which he may appeal to the appropriate area committee for the decision to be reviewed.

(2) Where an application is refused on either of the grounds specified in sub-paragraphs (d) and (e) of paragraph (1), the notification given under that paragraph shall include a brief statement of the reasons why that ground applies to the applicant’s case.