Access to justice Flashcards
What does the Legal Aid Agency (LAA) administer?
The LAA administers public funding for legal advice, family mediation, and representation in court or tribunals.
What are the typical qualifications for legal aid?
Individuals must demonstrate eligibility of the case, seriousness of the issue, and financial need.
What is required for eligibility of the case?
The legal matter must fall within the scope of legal aid, covering areas such as family law, housing, and immigration.
What does ‘seriousness of the issue’ refer to in legal aid eligibility?
The case must involve significant legal issues or potential consequences.
What does financial need mean in the context of legal aid?
Applicants must have limited financial resources, as legal aid is means-tested.
What impact did the LASPO Act 2012 have on legal aid?
The LASPO Act 2012 imposed significant restrictions on the availability of legal aid for various civil law areas, reducing civil cases funded by legal aid.
What are Conditional Fee Agreements (CFAs)?
CFAs, or ‘no win, no fee’ arrangements, require legal fees to be payable only if the case is successful.
What is the client’s responsibility under CFAs?
The client is typically responsible for disbursements regardless of the outcome.
What role do advice agencies play in legal support?
Advice agencies, including charities and NGOs, offer free or low-cost legal advice and representation, focusing on specific areas of law.
What are the effects of reduced legal aid funding on access to justice?
Reduced funding has led to increased litigants in person, strain on courts, and access barriers for vulnerable groups.
What is a consequence of increased litigants in person?
It has resulted in delays and inefficiencies in court proceedings.
How has the rise in litigants in person affected public services?
It has contributed to increased court backlogs, placing additional pressure on public resources.
Who is disproportionately affected by cuts to legal aid?
Marginalized communities are disproportionately affected, limiting their ability to seek legal redress.
What financial barrier exists with private funding options like CFAs?
Reliance on CFAs may exclude individuals who cannot afford potential costs, creating a two-tier system.
What recent reforms have been initiated to improve access to justice?
Reforms include expansion of legal aid eligibility and investment in court resources.
What changes have been made to legal aid eligibility?
Recent changes have broadened the scope of legal aid, making more individuals eligible for support, especially in cases of miscarriages of justice.
What efforts are being made to enhance court resources?
Efforts are underway to enhance court infrastructure and resources to address backlogs and delays.
What support is being provided for advice agencies?
Increased funding and support aim to bolster their capacity to assist individuals, particularly in underserved areas.
