merits test looks at reason for taking action and chance of success - only certain limited types of claims are able to be funded by civil legal aid - include repossession of property, homelessness, asylum and immigration cases or protection from violence or harassment - if civil legal aid is granted, pays for advice, assistance and legal representation by a lawyer - if claimant does not qualify for legal aid, or case is not within qualifying types, they have to pay own legal costs unless they can obtain a conditional fee agreement