Access to justice and funding Flashcards
What are the alternative sources of legal advice?
- Citizens advice bureau
- Law centers
- Soliciters and barristers
- TU’s
What are the options of private funding in a legal case?
- Own resources
- insurance
- contional fee arrangements
What two things can be provided with legal aid in criminal cases?
- Advice
- Representation.
How many citizens advice bureau’s are around the UK?
2,500
What is the function of the citizens advice bureau?
-a charity organisation to give free advice to anyone with a variety of issues.
-This includes social welfare and debt.
Who do most citizens advice bureau’s work with?
A firm of soliciters
who can give out ‘pro-bono’/ free advice to clients.
What is the function of a law center?
-free non means-tested legal advice.
-usually in cities/ where legal advice is limited.
-specialised in social welfare
-funding an issue but sometimes the government contributes.
How many law centers in the UK?
40.
How do soliciters and barristers offer alternative sources of legal advice?
-free/ fixed price initial interviews
-Bar pro-bono- free legal advice on spare time.
How do trade unions offer an alternative source of legal advice?
-advice+ representation in employment dispute or personal injury claims.
-members pay for this benefit.
What is meant by using own resources to fund legal cases?
-paying with own money
-soliciters can cost £150 p/h
-gives freedom to choose own specialist.
-can get a barrister directly to keep costs down in some civil cases.
What is meant by using insurance to fund a legal case?
-free legal advice
-could be from- home insurance, motor insurance.
Which act introduced conditional fee arrangements?
Courts and legal services act 1990.
-all civil BUT NOT FAMILY.
What is meant by a conditional fee arrangement?
-if loose- no fee
-if win- pay solicters fees + sucess fee (up to 100%)
What do some soliciters agree concerning conditional fee arrangements?
-the success fee will be no higher than 25%
-this is so they do not have to pay all damages to a soliciter.
What is meant by after- the event insurance?
-protect against loss and facing the legal bill from the other side.
-if the client looses - the insurers will pay costs from the other side.
What are the two advice schemes in criminal law? (public funding)
- Duty soliciters
- Advice and assistance.
What are the two tests for representation in court? (public funding)
- Means test
- Interest of justice test.
What did Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) do for public funding?
Criminal and civil
-Legal funding can include legal advice/ legal representation in court.
What is civil legal advice? (public funding)
-free telephone service
-advice on housing, family matters, debt.
What is set out for other civil cases? (public funding)
-government set a limited amount of funds p/y available to pay for civil legal advice and representation.
What is civil legal aid not available for? (public funding)
Tort/ Contract claims
e.g. personal injury.
What must you show in order to be qualified for civil legal aid? (public funding)
-income and capital assets are below set limits.
Who in particular are qualified for civil legal aid? (public funding)
-Those on jobseekers allowence or income support.
What critera did the Lord Chancellor introduce concluding what should be offered legal aid?
- Importance to the individual
- Funded in a different way?
- Public interest
- Could there be ADR?
What must gross income be below?
for civil public funding
£2,650 p/m
What must disposable income be below?
for public civil funding
£733
What must disposable capital be below?
£8000
If income or capital is below the upper level but above the minimum level, the person will be required to pay…
…a contribution toward the legal aid.
