access to justice Flashcards
What is meant by legal services?
Advice and representation- often from solicitors and barristers.
Why are some people unable to get legal help (so are denied access to justice)?
- People don’t know how to get effective legal services i.e. what legal services exist and where to find these services.
- People are intimidated by the idea of dealing with lawyers.
- Cost of lawyers and court fees can be too expensive for people to afford (from £150 an hour for routine advice in a small firm to over £600 an hour for specialist work in a top firm).
What is meant by legal funding?
The government pay organisations to advise and represent a client or give money directly to the client to pay for the services themselves.
Who is responsible for funding under LASPO 2012?
The Legal Aid Agency
What are the 3 factors for deciding if someone gets civil funding under LASPO?
- The Lord Chancellor’s criteria for eligibility
- The type of cases allowed funding
- The means test
What are some of the factors the Lord Chancellor considers when deciding if civil cases get funding?
- The cost of the service and benefits of providing them
- The availability of resources to provide services
- The importance to the individual
- Other available services (i.e. mediation)
- Prospect of success through the service
- Public interest
What is the starting position under LASPO for which type of cases get funding?
No civil case can get funding.
What are the only types of civil cases that get funding?
Children’s rights and individual liberty (human rights issues).
Who automatically passes the civil cases means test?
Those on income support or job seekers allowance.
What are the 3 parts to the civil cases means test?
- Gross income
- Disposable income
- Disposable capital
How does gross income affect the civil cases means test?
It looks at salary or wages before any deductions like tax. If this is over a certain amount, funding is unavailable.
How does disposable income affect the civil cases means test?
It looks at gross income minus costs such as tax, NI, housing costs, childcare and an allowance for the applicant and dependants. There is a maximum and minimum amount allowed here. If the applicant is over the maximum, no funding is available. If they are under the minimum, full funding is given. If they are between the maximum and minimum, partial funding is given and the closer they are to the maximum, the more they have to pay.
How does disposable capital affect the civil cases means test?
It is the value of assets such as savings, stocks, jewellery, a house etc. If the assets are worth over £8000, the applicant must pay at least part of their legal fees, if not all. When the applicant owns a home, only the first £100,000 of their mortgage is ignored. Most houses are worth much more than this so almost anyone who owns a home will fail the means test.
How many civil cases were funded 2009-2010?
933,616
How many civil cases were funded 2012-2013 (after LASPO)?
573,632