First, the significance of the case to the applicant is mentioned, cf. Section 328, Subsection 2, No. 1. It favors granting legal aid if the case is of great importance to the applicant. Conversely, if the case is of less importance to the applicant, it weighs against granting legal aid. The significance of the case must be assessed based on objective circumstances in relation to the nature of the case and the applicant's situation, not the applicant's subjective opinion. Examples of cases that, from an objective perspective, may have great significance to the applicant include cases involving a person’s housing, employment, or health, as well as cases where the applicant risks losing custody or part of the custody of their child.
The likelihood that the applicant will succeed in the case is also relevant to whether the applicant is deemed to have reasonable grounds to initiate legal proceedings, cf. Section 328, Subsection 2, No. 2. If the applicant is likely to succeed in the case, these favors granting legal aid. If the applicant has little chance of succeeding in the case, this weighs against granting legal aid.
Furthermore, the value of the subject matter of the case is considered when determining whether the applicant has reasonable grounds to initiate legal proceedings, cf. Section 328, Subsection 2, No. 3. legal aid will generally be denied if the case is trivial.
The expected costs of the case also factor into the evaluation, cf. Section 328, Subsection 2, No. 4. legal aid will generally be denied if the costs are expected to be disproportionately high in relation to the matter at hand.
Additionally, it is considered whether the applicant has the opportunity to have the case resolved by the Danish Competition and Consumer Authority, an administrative tribunal, or a private dispute resolution body approved by the Minister for Industry, Business and Financial Affairs, cf. Section 328, Subsection 2, No. 5. legal aid will generally be denied if the applicant has not attempted to have the case resolved by such a tribunal, unless the case is unsuitable for tribunal resolution, or tribunal resolution would be futile.
The list of factors in Section 328, Subsection 2, is not exhaustive. Other factors that may be considered include the applicant's behavior in relation to the claim’s origin and alternatives to initiating legal proceedings. Legal aid will generally be denied in cases arising from a deliberate criminal act, for which the applicant has been found guilty in a final judgment, unless the claim against the applicant is manifestly unreasonable. Legal aid will also generally be denied if there are other, more suitable alternatives to litigation, such as utilizing administrative appeal procedures, which should be explored before initiating legal proceedings.
In first-instance cases concerning the termination or cancellation of a lease or employment contract or personal injury, the tenant, employee, or injured party is deemed to have reasonable grounds to initiate legal proceedings, unless factors mentioned in Section 328, Subsection 2, Nos. 2-5, clearly argue against it, cf. Section 328, Subsection 3. In such cases, it may be relevant whether the case has already been considered by a specialized administrative tribunal, such as the Appeals Board for Patient Compensation. The decision of the Appeals Board may, under certain circumstances, be a factor that clearly weighs against granting legal aid.
Legal aid may only be exceptionally granted for cases arising from the applicant’s business activities or for plaintiffs in defamation cases, unless the defamation, of a certain severity, has been widely spread through a mass medium or otherwise to a broad audience, cf. Section 328, Subsection 4. Legal aid may exceptionally be granted to small business owners, especially when the lawsuit concerns matters vital to the continued existence of the business.
An application for legal aid under Section 328 is sent to the Department of Civil Affairs.