1.8 Access to justice and funding

Question 1

What can you tell me about the history of access to justice?

Answer 1

1949-1999:
* Welfare state
* Demand-led resulted in ‘unmet need for legal services’.

1999-2012:
* Set budget
* Franchising legal services
* Introduction of conditional fee arrangements
* Administered by Legal Services Commission

Question 2

What does LAPSO stand for?

Answer 2

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Question 3

What does Section 10 of the LAPSO Act 2012 state?

Answer 3

s10 LASPO Act 2012
‘Exceptional funding’ for cases where a failure to provide funding would breach human rights.

Question 4

What is the role of the Director of Legal Aid Casework?

Answer 4

Director of Legal Aid Casework will take decisions on individual cases.

Question 5

What section of LAPSO covers Civil legal aid and what are the priority areas?

Answer 5

Civil Legal Aid - s8 LASPO Act 2012

− Child protection
− Special Educational Needs
− Welfare Benefits
− Domestic violence
− Family mediation
− Clinical negligence in infants
− Loss of home.

These are the priority areas and are all
subject to both means and merits tests.

Question 6

What section of LAPSO covers Criminal legal aid and how is it delivered?

Answer 6

Criminal Legal Aid - s16 LASPO Act 2012

Criminal Advice and representation is delivered through a mixed system which includes the Public Defender Service as well as lawyers in private practice who have
contracts with the Legal Aid Agency

Question 7

Who can offer civil legal aid?

Answer 7

Contracts: Only those with a contract with the Legal Aid
Agency can do civil legal aid.
This introduces competition and improves standards.

Question 8

What help is available to a D at the police station?

Answer 8

At the Police Station:
* Defence Solicitor Call Centre
* Criminal Defence Direct
* Police station representative
* Public Defender Service
* Duty Solicitor Scheme – s13
LASPO Act 2012.

Question 9

What help is available to a D at the magistrates Court?

Answer 9

At the Magistrates’ Court
s14 LASPO Act 2012
Legal Aid for Representation in
court is only available subject to
means and merits (interests of
justice) test.

Question 10

Can you name two types of ‘no win no fee’ arrangements particularly useful for personal injury cases and those who do not qualify for civil legal aid.

Answer 10

1. Conditional Fee arrangements
2. Damages based agreements

These are private arrangements between the legal representative and their client.

Question 11

Conditional fee arrangements
What happens if you win or lose the case?

Answer 11

Conditional fee arrangements

Win - Legal representative gets paid the usual fee, plus an uplift, or success fee.

Lose - Legal representative does not get paid.

Question 12

Damages-based agreements
What happens if you win or lose the case?

Answer 12

Win - Legal representative gets paid a
percentage of the damages recovered.

Lose - Legal representative does not get paid.

Question 13

Name other sources of legal funding.

Answer 13

Other sources of legal funding:

• Citizens’ Advice Bureaux – A free, confidential, impartial and independent service available to the public on the High Street. They offer advice by telephone, face to face, email and home visits.
• Law Centres – Law Centres work within the community and specialise in social welfare. They employ solicitors who offer free legal advice and representation.
• Pro Bono Work – This is where lawyers act free of charge for clients. It is a registered charity for people who do not qualify
  for legal aid but can’t afford to pay for their legal costs.
• Trade Unions – Membership of a trade union will often include
  legal advice as part of the monthly subscription.