The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2016

Amendments to the Merits Criteria Regulations

2.—(1) The Merits Criteria Regulations are amended as follows.

(2) In regulation 5 (prospects of success test)(1)—

(a) in paragraph (1)(d)(ii)—

(i) before “poor” insert “marginal or”, and

(ii) omit “or very poor”;

(b) after paragraph (1)(d), insert—

“(da) “marginal”, which means a 45% or more chance, but less than a 50% chance, of obtaining a successful outcome;”;

(c) for paragraph (1)(e), substitute—

“(e) “poor”, which means less than a 45% chance of obtaining a successful outcome; or”;

(d) omit paragraph (1)(ea), and

(e) in paragraph (2), for “(ea)” substitute “(e)”.

(3) In regulation 42(2)(c) (cost benefit criteria for determinations for full representation)(2), omit “, borderline or poor”.

(4) For regulation 43 (prospects of success criterion for determinations for full representation)(3), substitute—

“43.   The prospects of success criterion is only met if the Director is satisfied that the prospects of success are—

(a) very good, good or moderate; or

(b) borderline or marginal, and the case is—

(i) of significant wider public interest; or

(ii) a case with overwhelming importance to the individual.”.

(5) For regulation 56(3) (criteria for determinations for full representation in relation to public law claims)(4), substitute—

“(3) The Director must be satisfied that the prospects of successfully obtaining the substantive order sought in the proceedings are—

(a) very good, good or moderate; or

(b) borderline or marginal, and—

(i) the case is of significant wider public interest;

(ii) the case is one with overwhelming importance to the individual; or

(iii) the substance of the case relates to a breach of Convention rights.”.

(6) In regulation 58 (criteria for determinations for full representation in relation to claims against public authorities)(5)—

(a) in paragraph (1)(a), omit “and regulation 43 (prospects of success criterion for determinations for full representation)”;

(b) in paragraph (1)(b), for “and regulation 42 (cost benefit criteria) do not apply;” substitute “, regulation 42 (cost benefit criteria) and regulation 43 (prospects of success criterion) do not apply;”;

(c) for paragraph (1)(c), substitute—

“(c) paragraphs (2) and (3) apply.”;

(d) in paragraph (2)—

(i) in sub-paragraph (a), after “met” insert “; and”, and

(ii) after sub-paragraph (a), insert—

“(b) the criterion in paragraph (3) is met.”, and

(e) after paragraph (2), insert—

“(3) The Director must be satisfied that the prospects of success are—

(a) very good, good or moderate; or

(b) borderline or marginal, and—

(i) the case is of significant wider public interest;

(ii) the case is one with overwhelming importance to the individual; or

(iii) the substance of the case relates to a breach of Convention rights.”.

(7) For regulation 60(3) (criteria for determinations for full representation in relation to immigration)(6), substitute—

“(3) The Director must be satisfied that the prospects of success are—

(a) very good, good or moderate; or

(b) borderline, marginal or unclear, and—

(i) the case is of significant wider public interest;

(ii) the case is one with overwhelming importance to the individual; or

(iii) the substance of the case relates to a breach of Convention rights.”.

(8) In regulation 61 (criteria for determinations for full representation in relation to court orders for possession)(7)—

(a) in paragraph (1)(a), omit “and regulation 43 (prospects of success criterion for determinations for full representation)”;

(b) in paragraph (1)(b), for “41, 42 and 44” substitute “41 to 44”;

(c) in paragraph (2)(a), omit “and”, and

(d) after paragraph (2)(a), insert—

“(b) the prospects of success are very good, good, moderate, borderline or marginal; and”.

(9) For regulation 66(4) (criteria for determinations for full representation in relation to public law children cases)(8), substitute—

“(4) If the individual is making or supporting an appeal or application, the prospects of success of that appeal or application are very good, good, moderate, borderline or marginal.”.

(10) For regulation 67(2) (criteria for determinations for full representation in relation to domestic violence cases)(9), substitute—

“(2) An individual may qualify for full representation in a domestic violence case only if the Director is satisfied that the prospects of success are very good, good, moderate, borderline or marginal.”.

(11) For regulation 68(2) (criteria for determinations for full representation in relation to private law children cases and certain cases relating to EU and international agreements)(10), substitute—

“(2) The Director is satisfied that the prospects of success are very good, good, moderate, borderline or marginal.”.

(12) For regulation 69(3) (criteria for determinations for full representation in relation to other family cases to which specific merits criteria apply)(11), substitute—

“(3) The Director must be satisfied that the prospects of success are—

(a) very good, good or moderate; or

(b) borderline, marginal or unclear, and—

(i) the case is of significant wider public interest;

(ii) the case is one with overwhelming importance to the individual; or

(iii) the substance of the case relates to a breach of Convention rights.”

(13) For regulation 75(3A) (criteria for determinations for legal representation in relation to legal persons)(12), substitute—

“(3A) The Director must be satisfied that the prospects of success of the case are—

(a) very good, good or moderate; or

(b) borderline or marginal, and the case is of significant wider public interest.”.

(1)

Amended by S.I. 2015/1571.

(2)

Amended by S.I. 2015/1571.

(3)

The relevant amending instrument is S.I. 2015/1571.

(4)

The relevant amending instrument is S.I. 2015/1571.

(5)

Amended by S.I. 2014/131.

(6)

The relevant amending instrument is S.I. 2015/1571.

(7)

Amended by S.I. 2014/131.

(8)

Amended by S.I. 2015/1571.

(9)

The relevant amending instrument is S.I. 2015/1571.

(10)

The relevant amending instrument is S.I. 2015/1571.

(11)

The relevant amending instrument is S.I. 2015/1571.

(12)

Inserted by S.I. 2015/1571.