When assessing an increase request we will consider whether:

  • The work proposed is reasonable and necessary to progress the application to the Commission
  • It is being carried out in the most economic and cost effective manner

The Commission will investigate the relevant issues raised in the application. We must be satisfied that an application to the Commission is a reasonable use of public funds.

We expect you to:

  • Confirm that the usual appeal process has been exhausted
  • Confirm the reason for applying to the Commission at this stage
  • Identify the main issues to be considered by the Commission
  • Address how the work proposed will be beneficial
  • Demonstrate that there is no other funding available to complete the work
  • Provide details addressing why the Commission will not fund the work

If the Commission makes a reference to the High Court then an application should be made for legal aid for the court proceedings.

If not, then an increase may be made available to enable your client to make further representations to the Commission.

When applying for an increase for this purpose we expect you to:

  • Provide a copy of the Commission’s decision to refuse to make a reference to the High Court
  • Identify issues that your client wishes to examine
  • Identify further information your client needs to obtain in order to seek to persuade the Commission on the merits of the case
  • Provide details regarding the work proposed

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