Access to Justice 2

Question 1

Problems with Government Funding?

Answer 1

• Advice deserts
• Non availability
• Eligibility levels
• Criteria set by Lord Chancellor
• Lack of funds

Question 2

What does it mean to ‘privately’ fund a case?(private funding)

Answer 2

Some people can afford to get their own legal services or find ways to make it cheaper for themselves.

Question 3

What is insurance?

Answer 3

Insurance policies help out with legal fees for various situations. There is ‘before the event’ and ‘after the event’ insurance. Before the event is when D pays for insurance before any legal claim is made. After the event insurance is when someone goes to court insures against having to pay opponents legal fees.

Question 4

What is meant by a conditional fee arrangement?

Answer 4

• Lawyers and clients will agree on the normal amount to be paid, as well as a ‘success fee’ if they win the case.
• Often the agreements will be ‘no win, no fee’ but some simply charge a lower cast rather than making it free if they lose.

Question 5

Usually, what is the winner of a civil case allowed to do and what must they pay?

Answer 5

Make the loser pay the winners lawyer fees. They have to pay the success fee.

Question 6

Advantages of CF Arrangements?

Answer 6

• Widens access to justice - allows people to go to courts when they otherwise could not afford to
• They are also allowed in more civil cases such as defamation cases (which denied direct funding)
• They cost the state nothing
• Very popular with the public

Question 7

Disadvantages of CF Arrangements?

Answer 7

• High risk/uncertain cases may not be taken on
• Claimants have been misled - no win, no fee
• Sometimes ignores lawyers expenses, so the claimant still has to pay these even if they lose.
• Insurance is often required for this which can be expensive.

Question 8

What other Advice Agencies are there?

Answer 8

Citizens Advice Bureaux

• Set up in 1939, they give free, general advice in 2500 locations.
• They provide information on local solicitors that give cheap/free initial interviews.
• In 2014-15 they provided advice to 2.5million
• Entitlement to benefits
• Debt problems
• Consumer issues
• Housing issues
• Employment issues

Law Centres
-Free, non-means-tested legal service to people in their area. Provides free legal advice in areas with few solicitors. 2016 - 44 in operation, but they struggle for funding.

Trade Unions
-Offer their members free legal advice for work related problems (same for PI)

Lawyers’ Schemes
-Some solicitors offer a free half hour first interview - CAB have a list of these.