10 Sept 2009
LEGAL SERVICES AGENCY V RUSSELL HC AK CIV-2009-404-3107
- Citation
- openlaw-e56d7067_3e49_4656_87f0_619aa9afaeeb.pdf
- Court
- High Court
The Court held that the Panel was wrong to categorically exclude s 9(4)(d)(ii) from relevance; the subsection could legitimately inform the Agency's assessment where non-economic interests are present. The Panel was also wrong to assess prospects by reference to a defendant's likely attitude to a costs-protected litigant; the Agency must apply the reasonable self-funding person test and not advantage legally-aided plaintiffs in that manner. The Agency must, however, consider the incremental benefit and likely cost of a leave application when deciding whether to continue funding as part of a s…