Almost all infant claimants suffering from this condition will qualify for Erbs palsy legal aid with no financial contribution from the parents. There is usually no need for the parents to enter into any other arrangement. This is because the application for public funding is effectively made by the child with the parents usually standing in as the child's representatives in order to actually submit the paperwork on behalf of the child. It is therefore the child's income and assets that are assessed in order to establish whether or not the child qualifies for Erbs palsy legal aid. Notwithstanding the fact that the parents may be wealthy and have substantial income and assets, their financial situation is not considered. There are however rare occasions when a child does have a fixed income from say a trust fund and in those circumstances it may affect the outcome of a legal aid application. In almost all cases the Legal Services Commission which administers the legal aid fund will grant Erbs palsy legal aid to a child with absolutely no parental contribution.

To obtain Erbs palsy legal aid it is necessary for the applicant to satisfy the criteria laid down by the Legal Services Commission which administers legal aid as follows :-

    • The applicant must demonstrate that the ratio between the cost of running the case and the anticipated level of damages to be awarded is satisfactory.
    • It must be shown that there is a better than evens chance of success and that the case is not trivial except in rare cases where the outcome is of critical importance to the claimant.
    • The case must be important to the client on the basis of the reasonable man test rather than on the basis of the applicants emotional connection to the matter in hand.


^^ back to the top