access to justice Flashcards
what are legal services?
advice and representation - usually from barristers or solicitors
what 3 reasons may people find it hard to resolve a legal issue?
-people do not know how to get legal help
-people are intimidated by the thought
-the cost
what is legal funding?
where the government pay an organisation to advise clients that cannot afford it
what does LASPO stand for?
Legal aid, sentencing and punishment of offenders act 2012
what do LASPO do?
they set out the rules for being given legal aid or funding
what is a limitation for funding in civil cases?
there is only a set amount of funding a year, so if they run out they cannot fund you
what are 2 things courts having to consider in civil courts?
-merits test
-the means test
what will always be considered under merits test?
they allows cases about childrens rights and individual liberty to be considered
what is the merits test?
-s11 LASPO: -cost and benefits of
providing them
-availability of resources
-importance of
individual
-other available services
-prospect of success
through service
-public interest
what will happen if a case passes the merits test?
they will then have to go through the means test
what is the means test?
to decide whether or not the applicant has enough money to fund themselves or not (people on income support will automatically pass this)
what are the 3 parts of the means test?
-gross income test = looks at salary/wages (before tax). it has a set limit, and if under the limit you go to next step.
-disposable income test = gross income minus tax, national insurance, childcare etc. if under minimum level, case can be fully funded, but if between min and max then some will be payed.
-disposable capital test = value of assets such as savings, jewellery, house etc.
is LAPSO beneficial to people?
not really as it is extremely hard to actually get funding through it
how is LAPSO different in criminal law?
there is no fixed budget, and there are 2 tests that are needed to pass
-interests of justice test
-a means test
what 5 things are set out in the interests of justice test?
only has to prove 1 thing
-if d is found guilty, d would lose his liberty, livelihood, or suffer serious damage to his reputation
-the case involves considering a point of law
-if d is unable to understand the proceedings or state his own case
-the case involved tracing, interviewing or expert cross examination of witnesses
-it is in the interests of another person that D be represented
who automatically passes the means test in mags court?
defendants on income support, under 16, under 18 and in full time education automatically pass
what happens in mags court to everyone who does not automatically pass the means test?
-there is a max and min amount
-if you are over the max amount you and ineligible
-under the min makes you eligible
-anyone in between goes through the disposable income test
the limits for these tests are very low, so 75% of adults do not qualify
what happens with the means test in the crown court?
-most people can receive legal aid in the crown court
-there is no upper limit on gross income but those who have disposable income over a set amount are ineligible
-if d is under the amount then he will be eligible for advice/representation, but if D has a very high gross income, they may have to pay part of their fees
-if d is found guilty then he may have to pay more for his fees, but if he is found not guilty then he will usually be refunded for anything paid
what are the types of criminal legal aid?
-advice and assistance at the police station
-advice and assistance
-representation
-public defender service
what is private funding?
some people can afford to get their own legal services or find ways to make it cheaper for themselves
what happens with insurance?
-insurance policies help out with legal fees or various situations
-there is ‘before the event’ and ‘after the event’ insurance
-before the event insurance is when D pays for insurance before any legal claim is made
-after the event insurance is when someone is about to go to court (they know they have done something wrong) so insures against having to pay their opponents legal fees
what are conditional fee arrangements?
-lawyers and clients will agree on the normal amount to be paid, as well as a ‘success’ fee if they win the case (usually civil cases).
-often the agreement will be ‘no win no fee’, but some simply make the fee a lower cost
what are the rules around claiming back fees?
-the winner of the case can usually make the loser pay the winner’s lawyers fees, but the winner has to pay the winners fee themselves
-this means if the loser has a ‘no win no fee’ deal, they still may end up having to pay the regular fees of the other party
what are some other examples of free services?
-trade unions
-citizens advice bureaux
-law centres
-bar pro bono unit
