access to justice Flashcards

1
Q

what is gov. help for civil cases governed by

A

head of Civil Legal Aid

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2
Q

who can provide civil legal aid

A

organisations which have a contract with the legal aid agency

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3
Q

which act governs legal aid

A

LASPO 2012

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4
Q

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

A
Welfare benefits 
Debt
Housing 
Discrimination 
Education 
Immigration and asylum 
Family, children + domestic abuse 
Mental health and community care
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5
Q

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

A
Trespass
Employment, immigration + lands tribunals 
Negligence
Contract
Conveyancing 
Boundary disputes
Will
Defamation 
Company law
Business law
Immigration interview 
Claiming assylum
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6
Q

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

A

director of the legal aid agency

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7
Q

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

A
Cost + benefit 
Availability 
Importance 
Nature and seriousness
Chance of success
Public interest
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8
Q

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

A
  • Gross income above £2,657 a month
  • disposable income of £700
  • disposable capital above £8000 until you’ve spent the same on legal fees
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9
Q

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

A
  • On income support

- Between max and min level income - pay contribution

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10
Q

what is a CFA

A

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

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11
Q

which civil cases are CFAs available for

A

all except family

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12
Q

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

A
  • Normal fees apply
  • Success fee is added (capped at 25% of damages)
  • Losing party is not expected to pay client’s success fee
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13
Q

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

A
  • defamation cases
  • Can often be very expensive
  • Never available for legal aid
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14
Q

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

A
  • need a profit

- will lose time and money

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15
Q

what is after the event insurance

A

Incase they lose and have to pay other sides costs

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16
Q

how did LASPO 2012 make CFAs less attractive

A
  • 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
17
Q

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

A
  • CFAs
  • before/after event insurance
  • citizen’s advice bureaux
  • law centres
  • trade unions
18
Q

what are advantages to CFAs

A

-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

19
Q

what are disadvantages of CFAs

A

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

20
Q

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

A
civil legal advice (CLA)
for problems such as:
- debt (if home @ risk)
- housing
-domestic abuse
- family issues
- special education needs
- discrimination
21
Q

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

A

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

22
Q

which body organises solicitors to represent defendants in legal aid cases

A

criminal legal aid services - under Legal Aid Agency

23
Q

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

A

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

24
Q

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

A

’ 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

25
who automatically pass the means test for funding in the magistrates court
- income support - those under 16 - those under 18 in full time education
26
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
27
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
28
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
29
what happens to legal aid if you're found guilty/not guilty
guilty - may have to pay further contribution | not guilty - contributions are refunded
30
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
31
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
32
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
33
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
34
what is the disadvantage of the citizen's advice bureaux
limited areas of law
35
what are law centres
give free advice regardless of income and can provide representation
36
what is the disadvantage to law centres
44 nationwide and not evenly distributed
37
what issues do trade unions deal with
employment
38
what is the disadvantage to the use of trade unions
only available for union members