The court’s discretion

If the person who wants the order is able to get over the legal test in 22(ZA) then the court considers whether to make an order.  The court considers all of the factors in 22(ZB).

The court will carry out an exercise similar to the one it does when it is looking at an application for “maintenance pending suit” (Video: Maintenance Pending Suit).

1. The court has already decided that the person who wants the order “cannot reasonably secure funding for legal services” (by considering the points above).

2. How much money does the person reasonably need to fund the proceedings?

3. Can the financially stronger party afford to pay?

4. How should payment be made?