Where the Director assesses, for the purposes of these Regulations, the prospects of success of a matter to which an application for civil legal services relates, the Director must classify the prospects of that matter as follows—
“very good”, which means an 80% or more chance of obtaining a successful outcome;
“good”, which means a 60% or more chance, but less than an 80% chance, of obtaining a successful outcome;
“moderate”, which means a 50% or more chance, but less than a 60% chance, of obtaining a successful outcome;
“borderline”, which means that the case is not “unclear” but that it is not possible, by reason of disputed law, fact or expert evidence, to—
decide that the chance of obtaining a successful outcome is 50% or more; or
classify the prospects as marginal or poor ...;
“marginal”, which means a 45% or more chance, but less than a 50% chance, of obtaining a successful outcome;
“poor”, which means less than a 45% chance of obtaining a successful outcome; or
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“unclear”, which has the meaning given in paragraph (2).
“Unclear” means the Director cannot put the case into any of the categories in paragraph (1)(a) to (e) because, in all the circumstances of the case, there are identifiable investigations which could be carried out, after which it should be possible for the Director to make a reliable estimate of the prospects of success.