Access To Justice And Funding Flashcards
Give all the sources of free legal advice available
Help lines: civil legal advice (gov run). 160,000 calls annually. Helps with debt if homes at risk, housing (eviction risks etc), domestic abuse, family issues such as family mediation, special ed needs, discrimination.
Citizens advice bureau: set up 1939, operate in 2500 locations. Advise 2.5 mil annually, 48% in person, 45% on phone and 7% online communication. Main areas covered are benefit entitlement, debt issues, consumer issues, housing issues, employment issues.
Law centres: operate in disadvantaged areas but funding cuts reduce numbers. In 2016 44 in operation. First opened 1970
Trade unions: offer members free legal advice to work related issues but also may include personal injury (ie Unite, biggest TU in UK, gives members free legal advice)
Lawyer schemes: free solicitor half hour interview sometimes, CABx will have list. Barrister pro bono since 1996. Unit situated in London and will give law area advice and can represent a client in court
Legal advice in crim cases- representation?
Anyone held at police station has a right to free legal advice under HR Act 1998. Soliticitor scheme 24 hours a day. Gov funded. Advice given to 650k + in 2016. Criminals also have a right to a fair trial, a trial in a Lang he understands and a lawyer to represent if he cannot afford it whatsoever AND ONLY IF it’s a case that has the risk of imprisonment
Give some examples of private funding
Own resources- own money basically. Issues are it can be costly. Out of city firms £150 hourly, London ones can be £600 to even £1000 an hour. Remember direct access is also available in some civil so reduced costs
Insurance- ie motoring accidents, the motor insurance might offer to pay. Can even buy insurance for legal claims known as before the event
Conditional fee- can be used in all civil except family. No win no fee is an example, or a reduced cost. If a win then client pays normal fee plus success fee which could be 100% on normal fee but cap meaning it can’t be more than 25% of damages.
Insurance premiums: pay costs of other side. You can insure yourself so if case is lost, insurance pays other sides fees (known as after the event)
Examples of public funding in civil cases
Availability of legal aid: previously for all cases except those specifically stated. From 2013 it’s for none unless specifically stated. Allowed cases include children rights cases, Liberty cases, asylum seeking cases or mental health tribunals. You CANNOT get funding for Tort (personal injury etc), or breach of contract
Means testing: testing if you qualify for free help. Income and capital considered. Income support or job seekers allowance automatically qualify if capital under set amount. For others they’re gross income is considered first. If it’s above a set amount monthly it’s not considered qualifying. Calculate gross income and take away tax n national insurance, housing costs, childcare costs/child maintence costs, allowance for themselves and dependant. If below minimum then not money has to be paid. If between max and min then they can pay a monthly contribution with price depending on ££. If above then no funding
Disposable capital: assets like bank savings or stocks or expensive jewellery. Max limit is £8000. Over £8k then pay for self but once spent excess of that then they can apply for funding. Below £8k can be asked to pay contribution. Value home is taken to account, only first £100k deducted so too much disposable income can be regraded if not case
Public funding in crim
Since 2013 been under Legal aid agency in ministry of justice. Makes contracts with law firms to provide legal devices to people charged with crim offences. Most providers are solicitors
Interests of justice: only gets help if comes under one of five interests of justice areas
•likely to lose liberty
•point of law considered
•can’t state own case
•May involve cross examination expertise
•interests of individual for representation (rape case)
Mags court means testing: either eligible for legal aids as they pass initial test or ineligible and pay privately. Income support, under 16 or those under 18 in education full time automatically pass means test. Everyone else, first test is calculated on gross annual income. Below a certain amount then qualifies. Too high then doesn’t, if in middle then there are further tests. 3/4 adults don’t qualify for representation
Crown court means testing: no upper limit on disposable income. Most can receive aid and free for low incomes. Those on higher incomes but below £37.5K disposable income have to pay a bit towards, and those with more than that disposable income pay privately. Higher income means higher costs. Max is set by case. Guilty means might have to pay extra on capital. Not guilty then paid contributions refunded
