Guideline 11 – a public interest case or a test case

In some circumstances, VLA may make a grant of legal assistance to a disadvantaged person for either:

• a legal issue affecting, or of broad concern to, a significant number of other disadvantaged people
• an untested or unsettled point of law that affects a significant number of disadvantaged people.

Defining disadvantage

A person may be disadvantaged because of one or more of the following:

• disability
• economic factors
• age
• cultural factors
• linguistic factors
• educational factors
• geographic factors.

Cost/benefit analysis

In analysing the cost/benefit of assisting the case, VLA considers:

• the nature and extent of the likely benefit to the person who is applying for assistance and to the disadvantaged section of the public
• the cost of the case (including any work done at no charge or a reduced charge)
  and
• the availability of VLA’s legal aid resources.

VLA assesses ‘benefit’ in terms of:

• the protection of life, liberty or other basic human rights
• direct or potential financial benefit
• intangible benefits, such as health, safety and quality of life.

VLA will give preference to cases involving direct and tangible benefits.

The case must be reasonably arguable

VLA will make a grant of legal assistance for a public interest or test case only if it is ‘reasonably arguable’. However, balancing whether the case has merit will involve considering all of the following:

• the importance of the case
• whether the case is a suitable one to establish new legal precedent
• the number and relative merits of any other public interest or test case applications for grants of assistance that have been made or which VLA reasonably expects to be made.

A financial contribution or an equitable charge may not be required

If VLA makes a grant of legal assistance to a person for a public interest case or test case, then VLA may decide to waive the contribution and any requirement for an equitable charge, except where:

• the contribution exceeds the estimated cost of the case but there is insufficient time for the assisted person to raise the funds
• the assisted person acquires money or property as a result of the legally aided proceedings.

The means test will still apply.

Documentary requirements

Applications under this guideline can only be submitted via the standard grants assessment process.

Lawyers with any queries about an application under this guideline should contact VLA’s Legal and Policy Unit.