access to justice

Question 1

what is gov. help for civil cases governed by

Answer 1

head of Civil Legal Aid

Question 2

who can provide civil legal aid

Answer 2

organisations which have a contract with the legal aid agency

Question 3

which act governs legal aid

Answer 3

LASPO 2012

Question 4

what civil cases did LASPO say gov. legal aid was available for (at least 3 examples)

Answer 4

Welfare benefits 
Debt
Housing 
Discrimination 
Education 
Immigration and asylum 
Family, children + domestic abuse 
Mental health and community care

Question 5

what civil cases did LASPO say gov. legal aid wasn’t available for (at least 3 examples)

Answer 5

Trespass
Employment, immigration + lands tribunals 
Negligence
Contract
Conveyancing 
Boundary disputes
Will
Defamation 
Company law
Business law
Immigration interview 
Claiming assylum

Question 6

who decides if you qualify for gov. help in civil cases

Answer 6

director of the legal aid agency

Question 7

what is considered when deciding if someone qualifies for gov help in a civil case

Answer 7

Cost + benefit 
Availability 
Importance 
Nature and seriousness
Chance of success
Public interest

Question 8

which financial factors mean you’re not eligible for gov help in a civil case

Answer 8

• Gross income above £2,657 a month
• disposable income of £700
• disposable capital above £8000 until you’ve spent the same on legal fees

Question 9

which financial factors mean you are eligible for gov help in a civil case

Answer 9

• On income support

- Between max and min level income - pay contribution

Question 10

what is a CFA

Answer 10

conditional fee agreement - ‘no win no fee’ (not always no fee sometimes just less of a fee

Question 11

which civil cases are CFAs available for

Answer 11

all except family

Question 12

what happens if you win a civil case funded by a CFA

Answer 12

• Normal fees apply
• Success fee is added (capped at 25% of damages)
• Losing party is not expected to pay client’s success fee

Question 13

which type of civil case is a CFA useful for and why

Answer 13

• defamation cases
• Can often be very expensive
• Never available for legal aid

Question 14

why is a lawyer unlikely to give a CFA to a risky case

Answer 14

• need a profit

- will lose time and money

Question 15

what is after the event insurance

Answer 15

Incase they lose and have to pay other sides costs

Question 16

how did LASPO 2012 make CFAs less attractive

Answer 16

• 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

Question 17

what are the non-government ways of funding a civil case

Answer 17

• CFAs
• before/after event insurance
• citizen’s advice bureaux
• law centres
• trade unions

Question 18

what are advantages to CFAs

Answer 18

-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

Question 19

what are disadvantages of CFAs

Answer 19

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

Question 20

what is the government helpline for civil advice and three scenarios they can help with

Answer 20

civil legal advice (CLA)
for problems such as:
- debt (if home @ risk)
- housing
-domestic abuse
- family issues
- special education needs
- discrimination

Question 21

what is the general rule for gov. funding of civil cases and which act said this

Answer 21

LASPO - not generally available in civil cases unless in an area specifically mentioned or a case concerning certain things e.g. children’s rights

Question 22

which body organises solicitors to represent defendants in legal aid cases

Answer 22

criminal legal aid services - under Legal Aid Agency

Question 23

what are the five ‘interests of justice requirements’ for gov funding of criminal cases

Answer 23

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

Question 24

what is the means testing for representation in the magistrates court known as? why?

Answer 24

’ 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

Question 25

who automatically pass the means test for funding in the magistrates court

Answer 25

• income support
• those under 16
• those under 18 in full time education

Question 26

how is eligablity calculated for funding in the magistrates court if you don’t automatically qualify

Answer 26

• calculate gross income
• too high = don’t qualify
• below certain level = qualify
• in between these levels = disposable income calculated and decided from that

Question 27

what is the difference between criminal funding in the magistrates and crown court

Answer 27

crown has no upper limit on disposable income so most defendants receive some legal aid

Question 28

what are the income brackets for the crown court

Answer 28

• free for low income
• below £37500 disposable income must pay toward the legal aid
• more than £37500 disposable income = not eligible

Question 29

what happens to legal aid if you’re found guilty/not guilty

Answer 29

guilty - may have to pay further contribution

not guilty - contributions are refunded

Question 30

what are the main services LASPO 2012 set up

Answer 30

• legal help under which advice can be given

- legal representation/ full legal services for a case

Question 31

what are the advantages of legal aid

Answer 31

• 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

Question 32

what are the disadvantages of legal aid

Answer 32

• 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

Question 33

what is the citizen’s advice bureaux

Answer 33

alternative source of civil legal advice - offers free legal advice on consumer law, housing, employment, benefits and debt

Question 34

what is the disadvantage of the citizen’s advice bureaux

Answer 34

limited areas of law

Question 35

what are law centres

Answer 35

give free advice regardless of income and can provide representation

Question 36

what is the disadvantage to law centres

Answer 36

44 nationwide and not evenly distributed

Question 37

what issues do trade unions deal with

Answer 37

employment

Question 38

what is the disadvantage to the use of trade unions

Answer 38

only available for union members