access to justice

Question 1

what are the 3 main difficulties facing the average person seeking legal assistance

Answer 1

1) lack of knowledge- might not know where the nearest office is, who specialises in what and which to choose as some towns have many.
2) fear of dealing with lawyers- people can feel intimidated.
3) cost-solicitors charge around £150 an hour for a routine service (and can be over £600 an hour in a top city law firm). Also in civil cases the losing party must pay the loser’s cost and the remedy.

Question 2

what were the courts often described as and what does it mean

Answer 2

“the doors of the courts are open to all, like the doors of Ritz hotel”, only the rich can afford to take matters to court.

Question 3

recite the timeline of historical development of access to justice

Answer 3

1938- citizens advice bureau started
1949- first legal aid funding scheme for civil cases
1964- first legal aid criminal case funding scheme.
1999- access to justice act- civil claims no longer on demand basis (fixed funds so means testing increased)
2000- legal services commission set up
2012- abolished LSC (after criticisms over financial management) legal aid passed to ministry of justice under legal aid, sentencing and punishment of offenders. LASPO act was also set up ,legal aid agency, to give help and legal representation in immigration cases.

Question 4

what problems does the civil legal advice help line provide help for?

Answer 4

• debt, if house is at risk
• housing e.g. about to be evicted
• domestic abuse
• family issues e.g. child about to be taken into care
• special educational needs
• discrimination

Question 5

what is means testing?

Answer 5

the amount of income and capital you have can affect your eligibility but the threshold is low.

Question 6

what are the 3 government funded means of advice

Answer 6

1) help lines
2) help in civil cases
3) help in criminal cases when held in a police station the duty solicitor scheme operates 24 hours a day. this is not means tested.

Question 7

what factors were included in LASPO 2012 which gave lord chancellor power to set criteria for making civil legal aid services available

Answer 7

• the likely cost of providing services and the benefit which might be obtained by them
• availability of resources to provide services
• importance for the individual
• availability of other services (e.g. mediation)
• the individuals prospects of success
• public interest

Question 8

what is legal aid allowed for?

Answer 8

children’s rights, liberty of the individual (including at mental health tribunals and cases for asylum), environmental law, discrimination, housing, family rights.

Question 9

what is legal aid not allowed for?

Answer 9

breach of contract, tort (personal injury or land tort), cases going to tribunals, conveyancing (buying/selling houses), wills, business claims, private family disputes(unless domestic violence evidence)

Question 10

what is the gross income limit (income before deducting)

Answer 10

2,450 or less. if they have 4+ child dependants add £22 for 5th child and each further child.

Question 11

true or false: those receiving income support or job seekers’ allowance automatically qualify.

Answer 11

true

Question 12

if the gross income is below a certain amount then the disposable income has to be calculated what is included in this?

Answer 12

tax and national insurance
housing costs
childcare costs
allowance for living

Question 13

what is the disposable income limit

Answer 13

£733 per month

Question 14

what is the maximum amount if disposable capital a claimant can have in order to qualify

Answer 14

£8000

Question 15

what are the 5 interests of justice

Answer 15

1. if the individual would lose his liberty of livelihood or risks damage to his reputation.
2. the case reputation requires a consideration of a point of law
3. the individual is unable to understand the proceedings in court to start his own case
4. the case may involve tracing, interviewing or expert cross examination of witnesses
5. it is in the interests of another person that the individual be represented.

Question 16

explain means testing magistrates court

Answer 16

• in or out scheme (pass initial full means test or they don’t)
• gross annual income is weighed to account for the number and ages of family members. the resulting value is known as ‘adjusting annual income’
• those on income support, are 16 or under or 18 and in full education automatically pass.
• the full means test is used if the adjusted annual income was found to be more than £12,475 and less than £22, 325. this takes into account disposable income.
• the adjusted allowance is weighed to take account of the size of an applicants family.
• 3/4’s of adults don’t qualify for legal aid in magistrates cases.

Question 17

explain means testing in crown court

Answer 17

-most on lower incomes can get legal aid and higher incomes can claim something unless their disposable income is over £37,000. if contributions are paid then these will be returned if the defendant is found not guilty. if they are guilty they may need to pay extra from his capital.

Question 18

in brief what are the 5 main problems when it comes to funding cases

Answer 18

• the number of solicitors are decreasing
• only available in civil cases for specified types of cases
• means tests very strict so only those with very low levels of income and capital qualify
• criteria set by lord chancellor is too strict
• lack of government funds in particular civil cases may be refused because the money has run out.

Question 19

on what basis do conditional fee agreements often operate on

Answer 19

no win no fee basis although some firms will charge a lower amount.

Question 20

explain what a success fee is

Answer 20

a success fee is given to the client if he wins it can be up to 100% of the normal fee but there is no cap of 25% on the damages. the success fee can no longer be claimed from the defendant by the winning claimant since LASPO 2012.

Question 21

what is the problem if the client loses?

Answer 21

they are still liable for the other side’s costs. it is possible to get ‘after the event’ insurance to guard against this risk otherwise this alone would still potentially be a very large sum. Note the cost of insurance can no longer be claimed back after LASPO 2012

Question 22

explain the case of Motto v Trafigura

Answer 22

F: firm of solicitors bought a claim regarding health concerns of 30,000 Africans after the oil giant Trafigura had illegally dumped a ship load of toxic waste in the sea just off the ivory coast.
H: the claim was successful and £30 million in damages were awarded (each claimant got £1000 in compensation) their lawyers were working on a CFA charging 100% success fee- took the bill to over £100 million. D’s challenged the bill and the court decided the success fee should have been 58% as there was a clear chance of success. the bill was reduced by 40% but remains the biggest costs case illegal history.

Question 23

if not eligible for legal finding how might they try to afford their case if they have to go to court?

Answer 23

1) borrow money from family
2) insurance claim
3) conditional fee arrangement

Question 24

what are the 4 alternative advice agencies?

Answer 24

1) citizens advice bureaux
2) law centres
3) trade unions
4) schemes run by lawyers: some firms offer 30 mins free advice or bar pro bono unit