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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 8
- Regulation 75
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Changes over time for: Section 75
Version Superseded: 22/07/2016
Alternative versions:
- 01/04/2013- Amendment
- 27/01/2014- Amendment
- 27/07/2015- Amendment
- 27/07/2015
Point in time - 22/07/2016- Amendment
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The Civil Legal Aid (Merits Criteria) Regulations 2013, Section 75 is up to date with all changes known to be in force on or before 04 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Criteria for determinations for legal representation in relation to legal personsE+W
This section has no associated Explanatory Memorandum
75.—(1) A legal person may qualify for legal representation only if the Director is satisfied that the following criteria are met—
(a)the case is unsuitable for a conditional fee agreement;
(b)the legal person has exhausted all reasonable alternatives to bringing proceedings including any complaints system, ombudsman scheme or other form of alternative dispute resolution; and
(c)the proceedings are not likely to be allocated to the small claims track.
(2) A legal person may qualify for investigative representation only if the Director is satisfied that —
(a)the criteria in paragraph (1) are met;
(b)the prospects of success of the case are unclear and substantial investigative work is required before those prospects can be determined; and
(c)the Director has reasonable grounds for believing that once the investigative work to be carried out under investigative representation is completed the case will satisfy the criteria in [F1paragraphs (3)(b) and (3A)].
(3) A legal person may qualify for full representation only if the Director is satisfied that—
(a)the criteria in [F2paragraphs (1) and (3A) are met; and];
(b)the likely benefit of the proceedings to the legal person and others justify the likely costs, having regard to the prospects of success and all the other circumstances of the case; F3...
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(3A) The Director must be satisfied that—
(a)the prospects of success of the case are very good, good or moderate; or
(b)the prospects of success of the case 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 person’s Convention rights; or
(bb)any rights of the person 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.]
(4) For the purposes of this regulation, regulations 4 (prospects of success) and 5 (prospects of success test) apply as if the references in them to individuals were references to legal persons.
Textual Amendments
F1Words in reg. 75(2)(c) substituted (27.7.2015) by The Civil Legal Aid (Merits Criteria) (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1571), regs. 1, 2(11)(a) (with reg. 3)
F2Words in reg. 75(3)(a) substituted (27.7.2015) by The Civil Legal Aid (Merits Criteria) (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1571), regs. 1, 2(11)(b) (with reg. 3)
F3Reg. 75(3)(c) and word omitted (27.7.2015) by virtue of The Civil Legal Aid (Merits Criteria) (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1571), regs. 1, 2(11)(c) (with reg. 3)
F4Reg. 75(3A) inserted (27.7.2015) by The Civil Legal Aid (Merits Criteria) (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1571), regs. 1, 2(11)(d) (with reg. 3)
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