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Limited initial grant A limited grant of legal aid may be available to:
Further legal aid Legal Aid may be granted to a party to an action provided it is shown that, where the party is likely to receive damages or property if successful, the action could not reasonably be expected to be conducted under a conditional costs agreement or similar arrangement with a private practitioner and no other scheme or assistance is available. Appeals Subject to the other guidelines, legal aid may be granted for appeals. Federal and High Court proceedings Subject to other guidelines, where it is considered that there are strong prospects of substantial benefit to be gained by the applicant, aid may be granted for
Lump sum grants Where appropriate legal aid will be provided on the basis of a lump sum grant to cover professional costs and/or disbursements. Alternative dispute resolution Applicants for legal aid and persons to whom legal aid has been granted may be requested or required to participate in alternative dispute resolution under s.33 of the Act as a condition of the grant of legal aid. Representation Where possible these matters are dealt with on an in-house basis. Matters will only be assigned to a private legal practitioner where a Commission salaried solicitor is unable to conduct the matter or where there are exceptional circumstances. There is no right of appeal to a Legal Aid Review Committee against a decision to provide aid on an inhouse basis (see ss34(4A) and 56(1AA) of the Legal Aid Commission Act 1979). |
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