Access To Justice - Civil Cases

Question 1

Government (public) funding for CIVIL cases (8)

Answer 1

1. Legal Aid Legal aid is a government-funded scheme to help those in the lower income brackets with the funding of cases. In 2012 the government passed the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 which set up the Legal Aid agency. This offers legal advice and legal representatio
2. Government funded legal advice CLA helpline - provides advice in civil cases such as: Debt, Housing, Domestic abuse, Family issues, discrimination. Citizen Advice Offices - The Legal Aid agency has contracts with law firms and not-for-profit organisations such as Citizens Advice offices. They can only give advice to those on very low incomes. Duty solicitor scheme - Free advice and representation from a government funded solicitor for people who qualify – means tested and only available for certain civil cases. Pro-Bono - Lawyers may work certain cases for free in order to help the community.
3. Government funded legal representation Under previous legal aid systems, public funding was available for all cases. Under LASPO 2012, Legal Aid is not available for: Breach of contract cases, Personal injury claims, Trespass to the person, land or property, Debt, housing and welfare cases and Private family cases. Legal aid is available for: Asylum/ immigration cases, Children’s rights, Mental Health Tribunals and Private family cases with domestic violence/ abuse.
4. Means testing People receiving Income Support or Income-based Job Seekers’ Allowance automatically qualify for legal aid. People in employment have their disposable income calculated…(wages left after bills)

• …below the minimum level = qualify.
• …above the maximum level = do not qualify.
• …in between the levels = a monthly contribution is made towards funding. Disposable capital (savings) must not exceed £8000. The value of a person’s home is included (first £100,000).

5. Merit testing Merits test is based on the likelihood of success, the amount of damages likely to be awarded, and the conduct of the parties.

Question 2

Private funding for civil cases (8)

Answer 2

1. Paying privately The client pays for their legal fees/court costs from their own finances. However, this can be expensive as solicitors fees can range from £150 to £600 an hour!! People who privately fund their cases may be on an income which means they do not qualify for public funding (legal aid). On issues of civil law, it is possible to consult a barrister directly without seeing a solicitor first. This is cheaper because barristers don’t have such high expenses as solicitors.
2. Legal insurance Before the event insurance - This insurance is taken out BEFORE any legal proceedings have begun. E.g. after a car crash where the parties involved may want to sue. After the event insurance - This type of insurance is usually quite expensive as it is taken out AFTER a claim has begun! The person takes out an insurance policy to protect them in case they lose their case.
3. Conditional fee arrangements They are also known as ‘no win, no fee’ agreements. It is an arrangement whereby a client will not pay any fees to their solicitor if they lose their case. They will only pay the solicitor’s fees if they win. Updated rules in s44 and 46 of LASPO Act state that a success fee will also have to be paid on top of the normal fees if the client wins their case. Clients must take out an insurance policy as they may need to cover the other party’s legal costs in case they do lose their case. If the client DOES win their case, they will be able to claim the normal Solicitor’s fees from the losing party BUT they will still have to pay the success fee from their damages. The success fee for PI claims cannot go beyond 25% of the damages!

Question 3

Evaluation of conditional fee arrangements (12)

Answer 3

Advantages
They help middle income families who don’t qualify for public funding but who may not be able to privately fund their case. They can get access to justice without paying fees up front that they cannot afford.

They do not cost any money to the taxpayer. Taxes can go to other departments such as the NHS or Education.

The insurance policies involved are generally affordable. People can pay monthly, so it is more manageable. They are a widely available and well-known source of legal funding. Lots of adverts on TV and online.

Useful in defamation cases which have never been publicly funded. People have been left with reputations and businesses damaged because they cannot afford to fund a defamation case privately. This arrangement helps them achieve justice.
The solicitor won’t be paid if they don’t win, therefore they may work harder to win your case!!

No win no fee only applies to solicitors fees and does not cover court costs, barristers fees or medical report costs– could still end being expensive for the client!

You may lose the case and have to pay the winning party’s solicitor fees. Therefore, there is still a fee even if you do not win!

Some people may struggle to afford the insurance premium and it can no longer be claimed back by a claimant who wins a case.

They will not take on your case unless you are likely to win. Therefore, there is still no justice for some cases.

Not always used by people the conditional fee was targeted at, for example MGn Ltd v UK 2011 (Naomi Campbell case)

You have to pay a success fee from your compensation, so it is a more expensive route than paying a solicitor upfront.