When exercising the discretion under UCPR r 7.36 to refer a litigant for pro bono legal assistance, relevant factors include: the nature of the proceedings (particularly where the appeal raises issues about the propriety of the trial's conduct), the interest in open justice, the applicant's financial means and capacity to obtain assistance outside the scheme, the applicant's ability to present the case, and whether the case is completely unarguable. A previous refusal of a referral does not preclude a fresh application where changed circumstances or new information address the basis for the earlier refusal.
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