Access to justice and funding in the civil system. Flashcards
What are the free sources of advice for civil law problems?
- Help lines
- Citizens’ Advice Bureaux
- Law centres
- Trade unions
- Schemes run by lawyers
What is help line?
A government funded scheme which provides free telephone advice for problems like debt and domestic abuse.
What is a Citizens’ Advice Bureaux?
They provide free advice on matter such as housing issues, welfare benefits and debt problems. Many will also have contacts with local solicitors willing to give cheap or free advice.
How many law centres are there in England and Wales?
43
What do law centres do?
Advice mainly on problems concerning housing, employment, welfare benefits and immigration.
What is trade unions?
These will offer their members free legal advice and legal representation for all work related problems. Also may offer legal advice on personal injury cases.
What are schemes run by lawyers?
Many solicitors will offer a free half hour interview and some will even offer their services ‘pro bono’- free of charge in particular;ar cases. The Bar Pro Bono Unit situated in London gives free advice on any area of law to those who cannot afford legal advice and cannot get civil legal aid.
How can you privately fund a case?
- pay for a solicitor or a barrister
- private legal insurance
- conditional fee agreement
What happens in a conditional fee agreement?
If they lose a case they can agree to take no fee but if they win they can raise their fee up to maximum of double the usual rate (success fee).
What happens in a success fee for a personal injury case?
There is a ‘cap’ on the success fee in personal injury cases of 25% of the damages. Only 25%.
What happens to ensure money is available to pay the defendants legal costs if the claimant loses the case?
‘After the event’ insurance whereby for a relatively small amount, the claimants liability for such costs is covered.
When can civil legal aid be used?
For specific cases like those involving children’s rights or liberty of individual e.g. claims for asylum and claims for release from mental hospitals.
What cases are not allowed to use civil legal aid?
Claims in tort e.g. personal injury causes by negligence or claims for breach of contract.
What is used to make someone eligible for legal aid?
Strict means test.
What does the strict means test involve?
Considers an applicant’s disposable income and capital. Those whose disposable income and capital is below the minimum limits will pay no contributions.
