In these Regulations, “prospects of success” means the likelihood that an individual who has made an application for civil legal services will obtain a successful outcome at a trial or other final hearing in the proceedings to which the application relates, as assessed by the Director in accordance with regulation 5 (prospects of success test).
When the Director assesses the prospects of success, the Director must not have regard to—
the possibility of settling the proceedings to which the application relates; or
subject to paragraph (3), the prospects of success in any appeal or possible appeal.
If the application for civil legal services is in relation to an appeal, then the prospects of success are the prospects of success in relation to that appeal.
“Successful outcome” means the outcome a reasonable individual would intend to achieve in the proceedings in all the circumstances of the case.