Access to justice and funding

Question 1

What are the alternative sources of legal advice?

Answer 1

1. Citizens advice bureau
2. Law centers
3. Soliciters and barristers
4. TU’s

Question 2

What are the options of private funding in a legal case?

Answer 2

1. Own resources
2. insurance
3. contional fee arrangements

Question 3

What two things can be provided with legal aid in criminal cases?

Answer 3

1. Advice
2. Representation.

Question 4

How many citizens advice bureau’s are around the UK?

Answer 4

2,500

Question 5

What is the function of the citizens advice bureau?

Answer 5

-a charity organisation to give free advice to anyone with a variety of issues.
-This includes social welfare and debt.

Question 6

Who do most citizens advice bureau’s work with?

Answer 6

A firm of soliciters

who can give out ‘pro-bono’/ free advice to clients.

Question 7

What is the function of a law center?

Answer 7

-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.

Question 8

How many law centers in the UK?

Answer 8

40.

Question 9

How do soliciters and barristers offer alternative sources of legal advice?

Answer 9

-free/ fixed price initial interviews
-Bar pro-bono- free legal advice on spare time.

Question 10

How do trade unions offer an alternative source of legal advice?

Answer 10

-advice+ representation in employment dispute or personal injury claims.
-members pay for this benefit.

Question 11

What is meant by using own resources to fund legal cases?

Answer 11

-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.

Question 12

What is meant by using insurance to fund a legal case?

Answer 12

-free legal advice
-could be from- home insurance, motor insurance.

Question 13

Which act introduced conditional fee arrangements?

Answer 13

Courts and legal services act 1990.

-all civil BUT NOT FAMILY.

Question 14

What is meant by a conditional fee arrangement?

Answer 14

-if loose- no fee
-if win- pay solicters fees + sucess fee (up to 100%)

Question 15

What do some soliciters agree concerning conditional fee arrangements?

Answer 15

-the success fee will be no higher than 25%

-this is so they do not have to pay all damages to a soliciter.

Question 16

What is meant by after- the event insurance?

Answer 16

-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.

Question 17

What are the two advice schemes in criminal law? (public funding)

Answer 17

1. Duty soliciters
2. Advice and assistance.

Question 18

What are the two tests for representation in court? (public funding)

Answer 18

1. Means test
2. Interest of justice test.

Question 19

What did Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) do for public funding?

Criminal and civil

Answer 19

-Legal funding can include legal advice/ legal representation in court.

Question 20

What is civil legal advice? (public funding)

Answer 20

-free telephone service
-advice on housing, family matters, debt.

Question 21

What is set out for other civil cases? (public funding)

Answer 21

-government set a limited amount of funds p/y available to pay for civil legal advice and representation.

Question 22

What is civil legal aid not available for? (public funding)

Answer 22

Tort/ Contract claims

e.g. personal injury.

Question 23

What must you show in order to be qualified for civil legal aid? (public funding)

Answer 23

-income and capital assets are below set limits.

Question 24

Who in particular are qualified for civil legal aid? (public funding)

Answer 24

-Those on jobseekers allowence or income support.

Question 25

What critera did the Lord Chancellor introduce concluding what should be offered legal aid?

Answer 25

1. Importance to the individual
2. Funded in a different way?
3. Public interest
4. Could there be ADR?

Question 26

What must gross income be below?

for civil public funding

Answer 26

£2,650 p/m

Question 27

What must disposable income be below?

for public civil funding

Answer 27

£733

Question 28

What must disposable capital be below?

Answer 28

£8000

Question 29

If income or capital is below the upper level but above the minimum level, the person will be required to pay…

Answer 29

…a contribution toward the legal aid.