The merits assessment – private law children

Barnaby Large, No 18 Chambers

Barnaby, a barrister and independent funding adjudicator, seeks through this article to distil the process and common issues arising in the Merits Assessment stage of an application for public funding of private law children litigation.

Barnaby first considers eligibility – what is required to qualify for public funding, what categories of litigation fall within scope and what applications are excluded?

The Article then considers application of the Civil Legal Aid (Merits Criteria) Regulations 2013 – both the Prospects of Success and Reasonable Privately Paying Individual Tests, exploring their interpretation through Guidance issued by the Lord Chancellor.

Barnaby then seeks to précis the process of challenging funding decisions, both on internal review and subsequent appeal to adjudicator.  

The Article concludes by summarising an adjudicator’s declaratory powers as to the Agency’s decision making and the extent of the application of the Human Rights Act.

The Article is aimed at practitioners working in the conduct of legal aid litigation or public funding but will be of interest to anyone involved in or curious about legal aid, public or family law.    

The full article has published in the May issue of Family Law. 

Read the full article here.