access to justice and funding in the civil system

Question 1

public funding in civil cases

Answer 1

• every person entitled to access justice as high court civil cases can cost hundreds of thousands
• legal aid not available in cases unless they involve children’s rights or individual’s liberty

Question 2

help lines

Answer 2

• provides help and advice over the phone or online
• people will have direct access to an operator qualified to give legal advice

Question 3

citizens advice bureau

Answer 3

• found in over 3500 locations in the uk
• deals with benefit entitlements, debt problems, consumer issues, housing and employment issues

Question 4

law centres

Answer 4

• provides free legal advice
• provided to clients who are disadvantaged even though it isn’t means tested

Question 5

trade union

Answer 5

• offers free legal advice and representation for events such as being injured at work

Question 6

alternative sources of legal advice

Answer 6

• some solicitors offer free 30 min first interviews
• barristers can perform pro bono work for people who can’t get legal aid and may represent them in court

Question 7

own resources (funding case)

Answer 7

• paying privately
• can be very expensive

Question 8

insurance

Answer 8

• may be specific legal insurance policies or found in other types of insurance policy

Question 9

conditional fee agreements

Answer 9

• a funding arrangement between a claimant and their solicitors where the solicitors agrees to act on a ‘no win, no fee’ basis
• loses case = solicitor doesn’t charge
• wins case = client pays normal fee plus a success fee to the solicitor

Question 10

before the event insurance

Answer 10

• client already has before the prospects of legal proceedings arose

Question 11

after the event insurance

Answer 11

• provides protection against financial exposure of having to pay an opponent’s legal costs if the insured is unsuccessful in their legal proceedings

Question 12

means testing

Answer 12

• looks at a person’s income and capital when deciding whether the applicant is poor enough to qualify for legal aid
• people receiving income support or job seekers allowance automatically qualify

Question 13

disposable income (means testing)

Answer 13

looks at income after deducting:
- tax and NI
- housing costs
- childcare costs/maintenance for a child
- allowance for themselves and each dependant

• below a certain level = eligible

Question 14

disposable capital (means testing)

Answer 14

• considered to be money in the back, stocks and shares, or jewellery and a person’s home
• not eligible for public funding if they have assets exceeding 8,000