Legal Aid (Hansard, 28 March 1995)

§ Mr. Marlow
To ask the Parliamentary Secretary, Lord Chancellor's Department, pursuant to his answer to the hon. Member for Ludlow (Mr. Gill) of 17 March,Official Report, column 726, relating to legal aid provision, how the merits of the case are assessed; and in what ways and by what process the relevant guidelines can be modified. [16797]

Mr. John M. Taylor
An applicant for civil legal aid must satisfy the board that he has reasonable grounds for taking, defending or being a party to the proceedings. It must also be reasonable in all the circumstances of the case for legal aid to be granted. This second test permits legal aid to be refused if, for example, the potential financial benefits of litigation seem unlikely to outweigh the probable cost to public funds. The basic merits test is set out in section 15 of the Legal Aid Act 1988, supplemented by the Civil Legal Aid (General) Regulations 1989. In addition, the Legal Aid Board issues guidance on the merits test which is published in the "Legal Aid Handbook". The guidance is amended by the Legal Aid Board when this seems appropriate.

§ Mr. Marlow
To ask the Parliamentary Secretary, Lord Chancellor's Department how much money has been paid in legal aid for persons whose cases(a) are being considered and (b) are in the stages prior to being considered by (i) the European Court of Justice and (ii) the European Court of Human Rights; and if he will list the number of (1) cases and (2) people involved. [16809]

Mr. John M. Taylor
The information is not readily available and could only be obtained at disproportionate cost.

§ Mr. John Marshall
To ask the Parliamentary Secretary, Lord Chancellor's Department what was the amount of legal aid paid to Mr. Gordon Foxley. [15448]

Mr. John M. Taylor
The total amount of legal aid paid to lawyers acting on behalf of Mr. Gordon Foxley was £160,228, including VAT. This amount also includes disbursements and other expenses necessarily incurred by the solicitors acting in this case.

§ Mr. John Marshall
To ask the Parliamentary Secretary, Lord Chancellor's Department if Mr. Gordon Foxley disclosed assets held overseas in his aplication for legal aid. [15449]

Mr. John M. Taylor
Applications for legal aid in criminal proceedings are considered by the court. Section 38 of the Legal Aid Act 1988 prevents the disclosure by the court of any information given to it in connection with a legal aid application.