The Church of England (Legal Aid) Rules 1995

Determination of applications for legal aid

11.—(1) Without prejudice to section 2(4) of the Measure (which provides that an applicant shall not be given legal aid if it appears to the Commission that he could afford to proceed without it) and section 2(5) of the Measure (which provides that in cases to which that subsection applies an applicant shall not be given legal aid unless he shows that he has reasonable grounds for taking or defending the proceedings or being a party thereto), the Commission in considering whether and to what extent to grant legal aid on an application made in accordance with these rules shall have regard to all the circumstances of the case.

(2) Where the Commission considers that legal aid should be granted in respect of some but not all the costs incurred by the applicant, (being costs incurred in or in relation to or directly or indirectly arising out of the proceedings concerned), the Commission may issue a certificate for—

(a) the payment of a contribution towards those costs of an amount specified in the certificate; or

(b) the payment of those costs subject to a contribution from the applicant of an amount so specified; or

(c) the payment of such proportion of those costs as may be so specified; or

(d) the payment of the costs of, or a specified proportion of the costs of, such part of the proceedings as may be so specified, whether by reference to issues in or stages of those proceedings.

(3) Where on any application the Commission considers that legal aid should not be granted, the Commission before making a final decision shall afford the applicant an opportunity of making representations, whether in writing or orally and whether in person or by his solicitor or counsel with respect to the application.

(4) The secretary shall notify the applicant and his solicitor in writing of the Commission’s decision on his application for legal aid, but neither the applicant or his solicitor shall be entitled to any information as to the grounds for the decision.

(5) The decision of the Commission on any application shall be final.

(6) Where an application for legal aid is refused, no further application for legal aid may be made by the same applicant in relation to the same proceedings unless it contains or is accompanied by further information showing a material change of circumstances.