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4.40Practitioners cannot use delegated functions to grant exceptional case funding. All applications must be submitted to the ECF unit of the LAA.
4.41The LAA generally expects that applications will come from practitioners with contracts in the relevant category. If you do not hold a contract in that category, you can apply for an individual case contract at the same time as making the application for funding, but will need to show why the ‘effective administration of justice’ test is met.
1Civil Legal Aid (Procedure) Regulations 2012 reg 31(5). The test requires that the Director be satisfied it is necessary for the particular provider to provide the services, having taken into account:
•The provider’s knowledge of the particular case and expertise in providing the legal services which are the subject of the application;
•The nature and likely length of the case;
•The complexity of the issues; and
•The circumstances of the applicant.
4.42If the LAA grants exceptional funding but does not consider the effective administration of justice test to be met, it will refuse an individual case contract and require you to refer the applicant to a provider with a contract in the relevant category.
4.43If the case falls outside any of the contracted category definitions, the LAA will award an individual case contract without the need to consider the effective administration of justice test to providers without any civil contract. A provider which holds a civil contract can carry out miscellaneous work under that contract and so an individual case contract will not be necessary.