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Version Superseded: 22/07/2016
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53. For the purposes of a determination for legal representation in relation to a public law claim, the Director must be satisfied that the criteria in regulation 39 (standard criteria for determinations for legal representation) are met and that—
(a)the act, omission or other matter complained of in the proposed proceedings appears to be susceptible to challenge; and
[F1(b)there are no alternative proceedings before a court or tribunal which are available to challenge the act, omission or other matter, except where the Director considers that such proceedings would not be effective in providing the remedy that the individual requires.]
Textual Amendments
F1Reg. 53(b) substituted (1.4.2013) by The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2013 (S.I. 2013/772), regs. 1, 2(2)
54. For the purposes of a determination for investigative representation in relation to a public law claim, the Director must be satisfied that—
(a)the criteria in regulation 53 (standard criteria for determinations for legal representation in relation to public law claims) are met; and
(b)the individual has—
(i)notified the proposed defendant of the individual's potential challenge and given a reasonable time for the proposed defendant to respond; or
(ii)shown that doing so would be impracticable.
55. For the purposes of a determination for investigative representation in relation to a public law claim the criteria in regulation 40(1)(a) and (b) (investigative representation) and 54 (standard criteria for determinations for investigative representation in relation to public law claims) apply and the criteria in regulation 40(1)(c) and (2) (investigative representation: minimum damages rule) do not apply.
56.—(1) For the purposes of a determination for full representation in relation to a public law claim—
(a)the criteria in regulations 41 to 44 (criteria for determinations for full representation) do not apply;
(b)the Director must be satisfied that the criteria in regulation 53 (standard criteria for determinations for legal representation in relation to public law claims) are met; and
(c)the criteria in paragraphs (2) and (3) apply.
(2) An individual may qualify for full representation in relation to a public law claim only if the Director is satisfied that—
(a)the individual has sent a letter before claim to the proposed defendant (except where this is impracticable), and where such a letter has been sent, the proposed defendant has been given a reasonable time to respond;
(b)the proportionality test is met; and
(c)the criterion in paragraph (3) is met.
[F2(3) The Director must be satisfied that—
(a)the prospects of successfully obtaining the substantive order sought in the proceedings are very good, good or moderate; or
(b)the prospects of successfully obtaining the substantive order sought in the proceedings are borderline or poor but it is—
(i)necessary for the Director to determine that the criterion in this paragraph is met to prevent a breach of—
(aa)the individual’s Convention rights; or
(bb)any rights of the individual to the provision of legal services that are enforceable EU rights; or
(ii)appropriate for the Director to determine that the criterion in this paragraph is met, in the particular circumstances of the case, having regard to any risk that a failure to make such a determination would be such a breach.]
Textual Amendments
F2Reg. 56(3) substituted (27.7.2015) by The Civil Legal Aid (Merits Criteria) (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1571), regs. 1, 2(5) (with reg. 3)
56A.—(1) For the purposes of a determination for any form of civil legal services in relation to a Dublin III claim, the general merits criteria do not apply and paragraph (2) applies.
(2) An individual may qualify for civil legal services only if the Director is satisfied that the individual’s case has a tangible prospect of success.]
Textual Amendments
F3Reg. 56A inserted (1.1.2014) by The Civil Legal Aid (Merits Criteria) (Amendment) (No. 3) Regulations 2013 (S.I. 2013/3195), regs. 1, 2(3)
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