Access to justice (funding) P2 Flashcards
What are the three main things you need to know in terms of civil funding
Sources of Legal advice
Private funding of civil cases
Public funding of civil cases
What are all the sources of legal aid
Helplines
CABs
Law Centres
Trade unions
Schemes run by lawyers
What are Helplines as a source of legal advice in civil
Civil Legal Advice is government funded scheme
Provides advice over telephone for debt, housing, domestic abuse, family issues or special educational needs
In 12 month period - almost 160,000 phone calls made
What are CABs as a source of legal advice in civil
Advice on a range of social welfare issues
Generally no cost but limitted in what it can offer
They recommend local legal aid solicitors - often have arrangements with them to provide legal advice
Areas of expertise: benefit entitlement, debt problems, housing or employment issues
2015 - adviced 2.5 mill almost have face-to-face
What are Legal centres as a source of legal advice
Free, non-means tested legal advice service
First law centre opened - london 1970
Aim to provide advice (sometimes representation) in areas with fewest solicitors/ areas of most need
Struggle to gain funding and have experienced cuts form local authorities
Some recieve fundings indirectly from national lottery fund
What are trade unions as a source of legal advice
Most off free legal advice on work-related problems
Some extent to personal injury cases not connected to work
Unite - largest trade union offer free aid and representation for any personal injury case
What are Schemes run by lawyers as a source of legal advice
Some solicitors offer 30- minute interviews
Some CABs will hold a list of solicitors who offer this service
Bar Pro Bono Unit - barristers give free advice to those who cannot affprd to pay or are ineligible for legal aid - give advice and can extend to representation
What are all the sources of private funding for civil case
Own resources
Insurance
Conditional fee agreements
What does it mean by owe resources as a way to privately fund civil cases
Out of the claiments own money, out of their pocket
Too expensive for most as socilitors can charge for £95 - hundreds per hour
London fees can be as much as £1000 and barristers are more expensive
What can insurance cover for private funding of civil cases
Car insurance - help with legal fees arising from road accidents
Home insurance policies - cover visitors on the premises
Pure insurance against legal costs - ‘before the event’ policies taken out when no known legal claim (entitelment)
What is a conditional fee agreement
A funding arrangement between a claimant and their solicitors where the solicitors agrees to act on a ‘no win, no fee’ basis
What is included in a conditional fee agreement
Solicitors success fee in the event that the case is won
‘no win no fee’ policy - but sometimes solicitors ask for a reduced fee rather than non
Also pay for the normal fee and the success fee when the case is won
On which area are success fees capped and what are they capped at
Personal injury cases which are won
The cap is at 25% of the normal fee
Even though the loosing party do not have to pay their lawyer under a CFA, what will they be liable to pay
Costs of the winning party
What insurance is encouraged by solicitors to avoid the loosing party paying for the winning party when there bill is substantially big than the loosing partys’
‘After the event’ insurance
What is the general rule of public legal aid in civil
Hardly any public funding is provided for civil cases
Only provided for areas such as children’s rights, cases involving liberty of the individual involved
In areas where public funding is avaliable, what type of test is applied
A means test
What is the means test
A test to show that the applicant for legal aid must be able to show that he cannot afford his own lawyer
What is taken into consideration when doing the means test for pblic legal aid
Gross income assessed first - earn too much = do not qualify
Must have a disposible income below a certain threshold
Disposible capital is no more than £8,000
Who automatically qualify for legal aid
Those in receipt of Income Support of Income-based Job Seekers - assuming their disposible income is below a set level
