Access To Justice + Funding In Civil Systems

Question 1

State the 3 things needed for Access To Justice.

Answer 1

3 Things Needed For Access To Justice: Advice, Representation, + Funding
* Where a person cannot get the help he needs (1 of 3 things), he’s being denied access to justice.

Question 2

State + explain the Sources of Legal Advice in Civil Law.

Answer 2

Help-Lines: Civil Legal Advice (CLA): (never advise for contract/tort)
* Advice: over the phone (call centre), on problems such as: debt- if your homes at risk, + family issues: mediation or child being taken into care.
* Representation: never
* Funding: only if you’re on benefits.
Citizens Advice Bureaux (CABx):
* Advice: over the phone, online, face-to-face, on problems such as consumer issues.
* Representation: no, but can advise you to someone who can (a solicitor)
* Funding: free to everybody- non-means tested.
Law Centres:
* Advice: face-to-face, for people in their area.
* Representation: sometimes, by a solicitor
* Funding: free to everyone.
Trade Unions:
* Advice: on all work-related matter, + legal matters outside of work (i.e. personal injury)
* Representation: yes
* Funding: monthly subscription- varies on wages
Bar Pro Bono Unit:
* Advice: on all areas of law
* Representation: will represent if needed
* Funding: only if you can’t afford. to pay privately- subjective.

Question 3

Explain the types of Private Funding in Civil Law.

Answer 3

Own Resources:
* Anyone who can afford it can pay for a solicitor +/or a barrister.
* For a civil matter can consult a barrister directly without going through a solicitor- can be cheaper as barristers are generally less expensive than solicitors on civil matters.
Insurance:
* Motor insurance policies offer cover to help with fees in cases from road accidents.
* Home insurance policies offer cover for legal claims in the home (e.g. someone ding inured in your home)
* Also ‘before the event’ + ‘after the event’ policies purely for insurance against legal costs.
Conditional Fee Arrangements (CFA):
* Tell them about your issue- they decide whether or not to are it on.
* No pre agreed fee- give you an average but can’t guarantee, may have to pay a success rate.
* If you lose don’t have to pay your legal fees, but may have to pay winners legal fees.

Question 4

Explain the types of Public Funding in Civil Law.

Answer 4

• Comes from govs budget- can’t afford to make legal aid available for everyone, so there’s a strict means test.
• Since 2013, now only 4 types of civil cases available to claim legal aid (e.g. cases involving children’s rights)
• Must prove you’re poor enough to qualify for gov funded help.
• People in receipt of Income Support automatically qualify.
• For all other applicants gross income is considered first- if above set amount per month, don’t qualify.
  Disposable Income:
• If persons income’s below set amount per month, disposable income has to be calculated.
• If below set level, don’t have to pay, if above set level- don’t qualify for legal aid.
• Where disposable incomes between minimum + max amount set, person applying must pay a monthly contribution.
  Disposable Capital:
• Assets of a person.
• If they own a home, value is taken into account.
• Only the first £100,000 is deducted off a mortgage to establish value of disposable income they have in their home.