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The Civil Legal Aid (Merits Criteria) Regulations 2013

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  1. Introductory Text

  2. PART 1 INTERPRETATION AND GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Delegation

    4. 4.Prospects of success

    5. 5.Prospects of success test

    6. 6.Public interest

    7. 7.Reasonable private paying individual test

    8. 8.Proportionality test

    9. 9.Likely damages

    10. 10.Likely costs

    11. 11.Qualifying for civil legal services

  3. PART 2 FORM OF CIVIL LEGAL SERVICES

    1. 12.Form of civil legal services

    2. 13.Legal help

    3. 14.Help at court

    4. 15.Family help

    5. 16.Family mediation

    6. 17.Help with family mediation

    7. 18.Legal representation

    8. 19.Other legal services

  4. PART 3 AVAILABILITY OF FORMS OF CIVIL LEGAL SERVICES

    1. 20.Provision of the most appropriate form of civil legal services

    2. 21.Mental Health

    3. 22.Immigration and terrorism prevention and investigation measures etc

    4. 23.Special Immigration Appeals Commission, immigration: accommodation for asylum-seekers etc and victims of trafficking in human beings

    5. 24.Family disputes

    6. 25.Victims of domestic violence and family matters: family help (lower)

    7. 26.Public law children cases and special Children Act 1989 cases

    8. 27.Victims of domestic violence and family matters: help with family mediation

    9. 28.Emergency representation

    10. 29.Civil legal services which do not include advocacy

    11. 30.Inquests

    12. 31.Cross-border disputes

  5. PART 4 GENERAL MERITS CRITERIA

    1. 32.Criteria for determinations for legal help

    2. 33.Criteria for determinations for help at court

    3. 34.Criterion for determinations for family help

    4. 35.Criteria for determinations for family help (lower)

    5. 36.Criteria for determinations for family help (higher)

    6. 37.Criteria for determinations for family mediation

    7. 38.Criteria for determinations for help with family mediation

    8. 39.Standard criteria for determinations for legal representation

    9. 40.Criteria for determinations for investigative representation

    10. 41.Criteria for determinations for full representation

    11. 42.Cost benefit criteria for determinations for full representation

    12. 43.Prospects of success criterion for determinations for full representation

    13. 44.Multi-party action damages criterion for determinations for full representation

    14. 45.Criterion for determinations for other legal services

    15. 46.Criteria for determinations for family help (higher) or legal representation provided as emergency representation

  6. PART 5 APPLICATION OF THE MERITS CRITERIA

    1. 47.Application of the merits criteria in cases described in more than one paragraph of Part 1 of Schedule 1 to the Act

    2. 48.Application of the merits criteria in exceptional inquest cases

    3. 49.Application of the merits criteria in cases which are exceptional cases excluded from Part 1 of Schedule 1 to the Act

    4. 50.Application of the merits criteria in cases which are exceptional cases other than by virtue of the exclusions in Part 2 or 3 of Schedule 1 to the Act

  7. PART 6 SPECIFIC MERITS CRITERIA

    1. CHAPTER 1 Mental Health and Mental Capacity

      1. 51.Criteria for determinations for full representation in relation to mental health proceedings

      2. 52.Criteria for determinations for full representation in relation to mental capacity proceedings

    2. CHAPTER 2 Public law

      1. 53.Standard criteria for determinations for legal representation in relation to public law claims

      2. 54.Standard criteria for determinations for investigative representation in relation to public law claims

      3. 55.Criteria for determinations for investigative representation in relation to public law claims

      4. 56.Criteria for determinations for full representation in relation to public law claims

    3. CHAPTER 3 Claims against public authorities

      1. 57.Criteria for determinations for investigative representation in relation to claims against public authorities

      2. 58.Criteria for determinations for full representation in relation to claims against public authorities

      3. 59.Criteria for determinations for full representation in relation to claims against public authorities: multi-party action damages criterion

    4. CHAPTER 4 Immigration

      1. 60.Criteria for determinations for full representation in relation to immigration

    5. CHAPTER 5 Housing

      1. 61.Criteria for determinations for full representation in relation to court orders for possession

      2. 62.Criteria for determinations for full representation in relation to other housing matters to which specific merits criteria apply

      3. 63.Criteria for determinations for investigative representation in relation to unlawful eviction cases

    6. CHAPTER 6 Family

      1. 64.Standard criteria for determinations for full representation in relation to certain family disputes

      2. 65.Criteria for determinations for full representation in relation to special Children Act 1989 cases and certain cases relating to EU and international agreements

      3. 66.Criteria for determinations for full representation in relation to public law children cases

      4. 67.Criteria for determinations for full representation in relation to domestic violence cases

      5. 68.Criteria for determinations for full representation in relation to private law children cases and certain cases relating to EU and international agreements

      6. 69.Criteria for determinations for full representation in relation to other family cases to which specific merits criteria apply

      7. 70.Criteria for determinations in relation to the EU Maintenance Regulation

      8. 71.Criteria for determinations in relation to the 2007 Hague Convention

    7. CHAPTER 7 Cross-border disputes

      1. 72.Criteria for determinations in relation to cross-border disputes

    8. CHAPTER 8 Legal persons

      1. 73.Criteria for determinations in relation to legal persons

      2. 74.Standard criteria for legal help and legal representation in relation to legal persons

      3. 75.Criteria for determinations for legal representation in relation to legal persons

  8. Signature

  9. Explanatory Note

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