What is the Merits Test for legal aid applicants?
The Merits Test assesses whether you have a reasonable case to bring or defend in court.
After Statement Taking is done, and all the necessary documents for your case have been received by LAB, a lawyer will be assigned to investigate your case. He may ask for further information and documents from you to understand your case better. He will then put up an opinion on the merits of your case. This opinion will be put before the Legal Aid Board for their consideration on whether to grant you legal aid.
If the Legal Aid Board is of the view that your case has merits, i.e. you have a reasonable case to bring or defend in court, then it will grant you legal aid.
However, if the Board is of the view that your case does not have merits, then it will not grant you legal aid.
LAB will send you a letter letting you know whether you have been granted legal aid. If you have not been granted legal aid, then the letter will briefly explain the reasons for this.
With effect from 16 October 2019, the Director for Legal Aid can, without reference to the Legal Aid Board, approve applications for legal aid in certain types of cases e.g. uncontested adoption proceedings, simple uncontested divorce proceedings, non-disputed proceedings for grant of letters of administration or probate. *Do note that you will still have to pass the Means Test and show that you have a meritorious case for aid to be granted.
All decisions of the Legal Aid Board and/or the Director of Legal Aid in respect of applications for legal aid are final.