The Civil Legal Aid (Merits Criteria) Regulations 2013

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

57.—(1) For the purposes of a determination for investigative representation in relation to any matter described in paragraph 21 (abuse of position or powers by public authority) or 22 (breach of Convention rights by public authority) of Part 1 of Schedule 1 to the Act the criteria in—

(a) regulations 39 (standard criteria for determinations for legal representation) and 40(1)(a) and (b) (criteria for determinations for investigative representation) apply; and

(b) regulation 40(1)(c) and (2) apply, subject to paragraph (2).

(2) The criteria in regulation 40(1)(c) and (2) (investigative representation: minimum damages rule) only apply to the extent that such a matter—

(a) is part of a multi-party action; and

(b) does not relate to—

(i) the abuse of a child or a vulnerable adult; or

(ii) a contravention of the Equality Act 2010(1) or of a previous discrimination enactment.

(3) In this regulation and in regulation 59—

(a) “abuse”, “child” and “vulnerable adult” have the meaning given by paragraph 3(5) of Part 1 of Schedule 1 to the Act (abuse of child or vulnerable adult); and

(b) “previous discrimination enactment” has the meaning given by paragraph 43(3) of Part 1 of Schedule 1 to the Act (equality).

(1)

2010 c.15.