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Under LASPO the Lord Chancellor must secure that legal aid is made available in accordance with Part I of the Act: section 1 (1). Legal aid includes civil legal services required to be made available under section 9: section 1 (2). Section 9 provides that one condition for qualification is that the civil legal services in question fall within the descriptions in Part 1 of Schedule 1 to LASPO: section 9 (1) (a). Section 11 of LASPO introduces two further tests for qualification for legal aid, which can conveniently be labelled the means test and the merits test.
21 (1) Civil legal services provided in relation to abuse by a public authority of its position or powers.
the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6, 8 and 12 of that Part, and
The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.
For the purposes of this paragraph, an act or omission by a public authority does not constitute an abuse of its position or powers unless the act or omission—
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[2026] EWCA Civ 21
Common Room
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