#Exam 1- Access To Justice Flashcards
three main difficulties when trying to approach for legal advice
no legal understanding
fear of dealing with lawyers
price
who runs legal aid in the UK
ministry of justice and the legal aid agency
what act was responsible for making the ministry of justice responsible for running legal aid
legal aid, sentencing and punishment of offenders act 2012 ( LASPO)
what are the main services under LASPO
help in which advice is given
legal representation for a full case
government funded advice comes in what forms
helplines
help in civil cases
the advice in criminal cases
who runs government helplines
civil legal advice
what issues may someone call a helpline about
debt housing domestic abuse family issues special education needs discrimination
how many rang the CLA between 2015 and 16
160,000
in civil cases who can gain legal advice
those on very low income
who can get advice at a police station
anyone
how many suspects were helped by solicitors in police stations in 2016
160,000
what is criteria for funding in civil cases
cost and the benefit to providing aid availability of resources importance to individual availability of other services public interest
what civil cases are mentioned in LASPO of deserving of legal aid
children’s rights
liberty of an individual such as mental health tribunals
legal aid is not available for which civil cases
tort or contract cases
means testing involves looking at what
tax, NI, housing, childcare
what must someone’s disposable income be below in civil cases
£8000
what is involved in the interests of justices tests
1- loose liberty
2-point of law
3-individual unable to present his own case
4- cross-examination of a witness
5-interests of another person eg a rape case
who passes the means test in magistrates courts
those on income support, under 16 or 18 and in FTE, everyone else is subject to gross income calculation
who passes the means test in crown court
most people, those with a disposable income under 37,500 are ineligible, those with high incomes may still need to pay for some court fees but will get it back if not guilty
what are the main problems with government funding
number of solicitors is low
civil cases only legal aid given to certain cases
means test is extremely strict
criteria set by lord chancellor is too strict
lack of government funding ( can be refused if funding has ran out )
what are the main ways of private funding
own resources- seeing a lawyer yourself
insurance- legal coveridge in motor insurance
conditional fee agreements- “no win no fee” only legal fees occur if case is won typically includes nominal fee then a success fee
what is the cap on damages in CFAs
25%
how much do solicitors typically charge
£150 an hour but can be up to £1000 if specialist
what are the advantages of CFAs
allowed ordinary people to achieve justice
cases such as defamation could now be taken on
what are some issues of CFAs
smaller cases not attractive to solicitors
only cases with high chance of winning taken on
what are the other advice places
citizens advice bureaux law centres Trade Unions Schemes run by Lawyers help line
what are the main areas citizens advice bureaux deal with
entitlement to benefits debt problems consumer issues housing issues employment issues
how many locations do the citizens advice bureaux operate in
2,500 locations
how many people are given advice each year due to CABx
2.5 million
what do law centres do
free advice to anyone
what do trade unions do
offer free member advice
what types of schemes are run by lawyers
solicitors may offer free half an hour advice
bar pro bono unit- volunteer to give free advice in London
