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The Civil Legal Aid (Merits Criteria) Regulations 2013
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- UK Statutory Instruments
- 2013 No. 104
- PART 6
- CHAPTER 5
- Regulation 61
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Criteria for determinations for full representation in relation to court orders for possession
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61.—(1) For the purposes of a determination for full representation in relation to any matter described in paragraph 33(1)(a) of Part 1 of Schedule 1 to the Act (court orders for sale or possession of the individual’s home), to the extent that it relates to court orders for possession of the individual’s home, the criteria in—
(a)regulation 39 (standard criteria for determinations for legal representation) apply;
(b)regulations 41 to 44 (criteria for determinations for full representation) do not apply; and
(c)paragraph (2) apply.
(2) The Director must be satisfied that the following criteria are met—
(a)if the individual is the defendant to a claim for possession, the individual has a defence to the claim;
(b)the prospects of success are very good, good, moderate or borderline; and
(c)the proportionality test is met.
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