Access To Justice

Question 1

Government funding in civil cases:

Answer 1

E.g. Divorce
Funding from government budget
Set criteria (merits test)
Means test takes into account disposable income and disposable capital
Those on income support or income based job seekers allowance automatically qualify

Question 2

Government funding in criminal cases:

Answer 2

E.g. Murder
2013 - criminal legal aid has been under the legal aid agency in the ministry of justice
To get representation the defendant must qualify under the ‘interest of justice’ test
Mc and cc means test

Question 3

Problems with government funding:

Answer 3

Lack of funding
Strict means test - e.g. Most people with a mortgage won’t get help
‘Interest of justice’ test only get help if: likely to loose liberty, livelihood, suffer serious injury to reputation

Question 4

Private funding of cases:

Answer 4

Own - bank account, sell your assets, releasing money in your mortgage, borrowing, loan
Insurance - home, mobile phone, life, car, travel
‘No win, no fee’ - schemes run by solicitors

Question 5

Advice agencies:

Answer 5

Lawyer schemes - bar pro bono, ALAS
Trade unions
RAC + AA 
Law centres
Citizens advice bureaux

Question 6

Evaluation of advice agencies:

Answer 6

Most useful agency is the CABx. It spreads across a large area