38Without limiting the generality of section 12 of the Act, every application for legal aid shall be considered by the area director receiving it and if under the circumstances, including questions of law or fact arising out of the applicant’s claim to relief or defence or the nature of the matter sought to be dealt with by a solicitor,
(a)
it appears that
(i)
the applicant requires legal aid in a matter in which he is concerned in a representative, fiduciary or official capacity and it appears the costs can be paid out of any property or fund which is sufficient to pay such costs,
(ii)
the applicant is entitled to financial or other aid or has reasonable expectations of such aid and has failed to satisfy the area director that such aid is not available to him,
(iii)
the legal aid applied for is frivolous, vexatious, an abuse of the process of the court or an abuse of the facilities provided by the Act,
(iv)
the relief sought can bring no benefit to the applicant over and above the benefit that would accrue to him as a member of the public or some part thereof,
(v)
the relief sought, if obtained, is not enforceable in law,
(vi)
the applicant has failed without reasonable justification in any obligation to the Law Society with respect to legal aid, or
(vii)
the professional services sought are available to the applicant without legal aid,
he shall refuse to issue a certificate to the applicant, or
(b)
it appears that
(i)
the applicant is one of a number of persons having the same interests under circumstances where one or more may sue or defend on behalf of or for the benefit of all,
(ii)
the applicant has the right to be joined in an action as plaintiff with one or more other persons having the same right to relief by reason of there being a common question of law or fact to be determined,
(iii)
the application is for legal aid for which the applicant has previously received a certificate with respect to the same action or matter,
(iv)
the relief sought is enforceable only in some other jurisdiction,
(v)
the cause of action may be prosecuted or defended only in a court of some other jurisdiction, or
(vi)
no sufficient reason for the granting of the certificate is shown at the particular time,
he may refuse to issue a certificate to the applicant.
38Without limiting the generality of section 12 of the Act, every application for legal aid shall be considered by the area director receiving it and if under the circumstances, including questions of law or fact arising out of the applicant’s claim to relief or defence or the nature of the matter sought to be dealt with by a solicitor,
(a)
it appears that
(i)
the applicant requires legal aid in a matter in which he is concerned in a representative, fiduciary or official capacity and it appears the costs can be paid out of any property or fund which is sufficient to pay such costs,
(ii)
the applicant is entitled to financial or other aid or has reasonable expectations of such aid and has failed to satisfy the area director that such aid is not available to him,
(iii)
the legal aid applied for is frivolous, vexatious, an abuse of the process of the court or an abuse of the facilities provided by the Act,
(iv)
the relief sought can bring no benefit to the applicant over and above the benefit that would accrue to him as a member of the public or some part thereof,
(v)
the relief sought, if obtained, is not enforceable in law,
(vi)
the applicant has failed without reasonable justification in any obligation to the Law Society with respect to legal aid, or
(vii)
the professional services sought are available to the applicant without legal aid,
he shall refuse to issue a certificate to the applicant, or
(b)
it appears that
(i)
the applicant is one of a number of persons having the same interests under circumstances where one or more may sue or defend on behalf of or for the benefit of all,
(ii)
the applicant has the right to be joined in an action as plaintiff with one or more other persons having the same right to relief by reason of there being a common question of law or fact to be determined,
(iii)
the application is for legal aid for which the applicant has previously received a certificate with respect to the same action or matter,
(iv)
the relief sought is enforceable only in some other jurisdiction,
(v)
the cause of action may be prosecuted or defended only in a court of some other jurisdiction, or
(vi)
no sufficient reason for the granting of the certificate is shown at the particular time,
he may refuse to issue a certificate to the applicant.