The amendment affects all civil legal aid cases assessed as having 'borderline' or 'poor' prospects of success, including exceptional funding cases. As a result, legal aid may now be provided for some of these cases.
When could legal aid be provided?
Legal aid may now be provided where the Director of Legal Casework is satisfied that it is necessary or appropriate to determine that the prospects of success criterion is met because this would prevent a breach of the applicant's rights under the ECHR or EU law.
More information is available in paragraph 2 of the regulations, which can be found here.
All other funding criteria stay the same, and cases assessed as having 'very poor' prospects (that is, less than 20%) will be refused legal aid.