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The Civil Legal Aid (Merits Criteria) Regulations 2013

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Legal representation

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18.—(1) Legal representation may be provided as either investigative representation or full representation.

(2) “Legal representation” means the provision of civil legal services, other than acting as a mediator or arbitrator, to an individual or legal person in particular proceedings where that individual or legal person—

(a)is a party to those proceedings;

(b)wishes to be joined as a party to those proceedings; or

(c)is contemplating issuing those proceedings.

(3) “Investigative representation” means legal representation which is limited to the investigation of the strength of the contemplated proceedings and includes the issuing and conducting of proceedings but only so far as necessary—

(a)to obtain disclosure of information relevant to the prospects of success of the proceedings;

(b)to protect the position of the individual or legal person applying for investigative representation in relation to an urgent hearing; or

(c)to protect the position of the individual or legal person applying for investigative representation in relation to the time limit for the issue of the proceedings.

(4) “Full representation” means legal representation other than investigative representation.

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