The Civil Legal Aid (Merits Criteria) Regulations 2013

CHAPTER 3 Claims against public authorities

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).

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

58.—(1) For the purposes of a determination for full 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) regulation 39 (standard criteria for determinations for legal representation) apply;

(b) regulation 41(a) and (b) (criteria for determinations for full representation), regulation 42 (cost benefit criteria) and regulation 43 (prospects of success criterion) do not apply; and

(c) paragraphs (2) and (3) apply.

(2) An individual may qualify for full 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 only if the Director is satisfied that—

(a) the proportionality test is met; and

(b) the criterion in paragraph (3) is met.

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

(a) very good, good or moderate; or

(b) borderline, 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.

Criteria for determinations for full representation in relation to claims against public authorities: multi-party action damages criterion

59.  For the purposes of a determination for full representation in relation to any matter described in paragraph 21 (abuse of position or powers by public authority) or paragraph 22 (breach of Convention rights by public authority) of Part 1 of Schedule 1 to the Act, the criteria in regulation 41(c) and 44 (multi-party action damages criterion) only apply to the extent that such a matter does not relate to—

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

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

(1)

2010 c.15.