access to justice Flashcards
what is gov. help for civil cases governed by
head of Civil Legal Aid
who can provide civil legal aid
organisations which have a contract with the legal aid agency
which act governs legal aid
LASPO 2012
what civil cases did LASPO say gov. legal aid was available for (at least 3 examples)
Welfare benefits Debt Housing Discrimination Education Immigration and asylum Family, children + domestic abuse Mental health and community care
what civil cases did LASPO say gov. legal aid wasn’t available for (at least 3 examples)
Trespass Employment, immigration + lands tribunals Negligence Contract Conveyancing Boundary disputes Will Defamation Company law Business law Immigration interview Claiming assylum
who decides if you qualify for gov. help in civil cases
director of the legal aid agency
what is considered when deciding if someone qualifies for gov help in a civil case
Cost + benefit Availability Importance Nature and seriousness Chance of success Public interest
which financial factors mean you’re not eligible for gov help in a civil case
- Gross income above £2,657 a month
- disposable income of £700
- disposable capital above £8000 until you’ve spent the same on legal fees
which financial factors mean you are eligible for gov help in a civil case
- On income support
- Between max and min level income - pay contribution
what is a CFA
conditional fee agreement - ‘no win no fee’ (not always no fee sometimes just less of a fee
which civil cases are CFAs available for
all except family
what happens if you win a civil case funded by a CFA
- Normal fees apply
- Success fee is added (capped at 25% of damages)
- Losing party is not expected to pay client’s success fee
which type of civil case is a CFA useful for and why
- defamation cases
- Can often be very expensive
- Never available for legal aid
why is a lawyer unlikely to give a CFA to a risky case
- need a profit
- will lose time and money
what is after the event insurance
Incase they lose and have to pay other sides costs
how did LASPO 2012 make CFAs less attractive
- Cost of after the event insurance cannot be claimed back from loser
- Cost of success fees cannot be claimed back from loser
- Means a winning claimant may get a fraction of the damages
what are the non-government ways of funding a civil case
- CFAs
- before/after event insurance
- citizen’s advice bureaux
- law centres
- trade unions
what are advantages to CFAs
-Allows people who bring a case to court where they couldn’t otherwise afford it
– E.g. defamation cases
– Access to justice
Clients trust solicitor to be committed
–In order to be paid must win
Hopeless cases not taken
–Saves court time
what are disadvantages of CFAs
Some clients may not be able to afford insurance premiums
–May not understand risks and liabilities
Could end up with zero gain
– due to winning fees etc
High risk cases rarely taken - less people get access to justice
what is the government helpline for civil advice and three scenarios they can help with
civil legal advice (CLA) for problems such as: - debt (if home @ risk) - housing -domestic abuse - family issues - special education needs - discrimination
what is the general rule for gov. funding of civil cases and which act said this
LASPO - not generally available in civil cases unless in an area specifically mentioned or a case concerning certain things e.g. children’s rights
which body organises solicitors to represent defendants in legal aid cases
criminal legal aid services - under Legal Aid Agency
what are the five ‘interests of justice requirements’ for gov funding of criminal cases
1) if the proceedings against d would cause serious damage to liberty, livelihood or reputation
2) if the case would include a point of law
3) the individual is unable to understand the proceedings in court or state their own case
4) the case involves tailing, interviewing or cross examining a witness
5) it is in the interests of another person the individual be represented
what is the means testing for representation in the magistrates court known as? why?
’ in or our scheme’ because it is a strict test where applicants are either eligible and fully paid for or ineligible and expected to pay for legal rep
who automatically pass the means test for funding in the magistrates court
- income support
- those under 16
- those under 18 in full time education
how is eligablity calculated for funding in the magistrates court if you don’t automatically qualify
- calculate gross income
- too high = don’t qualify
- below certain level = qualify
- in between these levels = disposable income calculated and decided from that
what is the difference between criminal funding in the magistrates and crown court
crown has no upper limit on disposable income so most defendants receive some legal aid
what are the income brackets for the crown court
- free for low income
- below £37500 disposable income must pay toward the legal aid
- more than £37500 disposable income = not eligible
what happens to legal aid if you’re found guilty/not guilty
guilty - may have to pay further contribution
not guilty - contributions are refunded
what are the main services LASPO 2012 set up
- legal help under which advice can be given
- legal representation/ full legal services for a case
what are the advantages of legal aid
- allows people with serious legal issues to obtain legal advice
- ensures less fortunate people obtain legal rep.
helps address rule of law - everyone is equal under the law
what are the disadvantages of legal aid
- due to gov. cuts many legal aid firms have been forced out of business
- created ‘advice deserts’ - advice not available in certain areas
- 2017 housing advice decreased from 8500 - 35500
- select committee on constitutional affairs said this was a ‘serious denial of access to justice’
- no. disabled people receiving legal aid over benefits fell by 99% 2011-2017
what is the citizen’s advice bureaux
alternative source of civil legal advice - offers free legal advice on consumer law, housing, employment, benefits and debt
what is the disadvantage of the citizen’s advice bureaux
limited areas of law
what are law centres
give free advice regardless of income and can provide representation
what is the disadvantage to law centres
44 nationwide and not evenly distributed
what issues do trade unions deal with
employment
what is the disadvantage to the use of trade unions
only available for union members
