SUNDAY, MARCH 17, 1985
2.
RECORD $60M RECOVERED BY LEGAL AID
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A RECORD SUM IN EXCESS OF $60 MILLION HAD BEEN RECOVERED THROUGH LEGAL AID FOR PERSONS WHO MIGHT NOT OTHERWISE HAVE BEEN ABLE TO PURSUE THEIR CLAIMS IN THE FINANCIAL YEAR 1984-85, THE DIRECTOR OF LEGAL AID, MR PATRICK MOSS SAID.
DURING THE YEAR, MR MOSS ADDED, LEGAL AID WAS GRANTED TO OVER 6 700 CIVIL AND CRIMINAL CASE APPLICANTS, REPRESENTING OVER ONE-THIRD OF THE TOTAL NUMBER WHO APPLIED.
MR MOSS EXPLAINED THAT IN ORDER TO QUALIFY FOR LEGAL AID, AN APPLICANT MUST PASS A MEANS TEST AND A MERITS TEST.
AT PRESENT, A PERSON HAVING A DISPOSABLE INCOME OF NOT MORE THAN $1 500 PER MONTH AND DISPOSABLE CAPITAL NOT EXCEEDING $15 000 IS FINANCIALLY ELIGIBLE.
DISPOSABLE INCOME AND DISPOSABLE CAPITAL ARE CALCULATED AFTER ALLOWANCES HAVE BEEN DEDUCTED FROM ACTUAL EARNINGS AND CAPITAL. SUCH ALLOWANCES INCLUDE A DEDUCTION OF UP TO $300 000 IN RESPECT OF AN OWNER OCCUPIED DWELLING.
A PERSON MAY QUALIFY FOR LEGAL AID FREE OF CHARGE OR MAY BE REQUIRED TO PAY A CONTRIBUTION TOWARDS HIS OWN LEGAL COSTS DEPENDING ON THE AMOUNT OF HIS DISPOSABLE INCOME AND CAPITAL.
ANY CONTRIBUTION WILL, HOWEVER, BE REFUNDED IF THE PROCEEDINGS ARE SUCCESSFUL AND THE COSTS INCURRED BY THE LEGAL AID DEPARTMENT ARE RECOVERED FROM THE OPPOSING PARTY.
IF THE AIDED PERSON IS UNSUCCESSFUL HIS LIABILITY TOWARDS THE COSTS OF THE PROCEEDINGS INCLUDING THOSE OF THE OTHER PARTY IS LIMITED TO THE AMOUNT OF CONTRIBUTION, IF ANY, THAT HE IS REQUIRED TO PAY AT THE OUTSET OF THE PROCEEDINGS.
IN ADDITION TO THE MEANS TEST, MR MOSS SAID, AN APPLICANT MUST SATISFY THE DIRECTOR OF LEGAL AID THAT HE HAD REASONABLE PROSPECTS OF SUCCEEDING IN HIS CASE TO QUALIFY FOR LEGAL AID IN CIVIL PROCEEDINGS.
IN FACT, HE SAID, A MAJORITY OF THE UNSUCCESSFUL APPLICANTS FAILED IN THE MERITS TEST RATHER THAN THE MEANS TEST.
+ IF AN APPLICANT IS REFUSED LEGAL AID IN CIVIL PROCEEDINGS, HE IS ENTITLED TO APPEAL SUCH REFUSAL TO THE REGISTRAR OF THE SUPREME COURT, OR IN THE CASE OF A PROPOSED APPEAL TO THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL TO A SPECIAL TRIBUNAL, HE SAID.
+ THE DECISION OF THE REGISTRAR OR OF THE SPECIAL TRIBUNAL IS FINAL, + MR MOSS SAID.
/ONCE LEGAL