Government Funding - Civil Advice + Representation

Question 1

Legal aid is not available for which civil cases?

Answer 1

Contract and tort cases e.g. personal injury claims

Question 2

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) said that which civil cases can get limited legal aid?

Answer 2

Cases involving children’s rights, cases involving liberty, immigration cases

Question 3

What is Civil Legal Advice (CLA)?

Answer 3

What is Civil Legal Advice (CLA)?

Question 4

Why is it more difficult to get funding for civil cases?

Answer 4

The aim in civil cases is financial gain, and are usually not of general public importance

Question 5

The aim in civil cases is financial gain, and are usually not of general public importance

Answer 5

People receiving Income Support or Job Seeker’s Allowance

Question 6

What are the financial limits for Government Funded Representation?

Answer 6

Gross income must be below £2,657 a month, disposable income must be under £733 a month, disposable capital must be under £8,000

Question 7

What happens if an individual only meets some of the requirements for Government Funded Representation?

Answer 7

They will have to make a contribution to their legal aid

Question 8

What did the Lord Chancellor introduce in s.10(3) of LASPO 2012?

Answer 8

More criteria to decide if someone can access legal aid:
- Importance of the case to the individual
- Whether other methods can be used to fund the case
- If the case is in the public interest
- Can the case be solved with other methods e.g. ADR

Question 9

When was the Citizens Advice Bureaux set up and how many locations do they have now?

Answer 9

1939, currently have over 2,500 locations in the UK

Question 10

What do the Citizens Advice Bureaux do?

Answer 10

Give free advice to anyone for a variety of issues e.g. social welfare problems and debt, but can also advise on some legal matters. They can also provide information on which solicitors do legal aid work and give cheap/free initial first interviews. Many also have a connected solicitor to give free legal advice

Question 11

Between 2014 and 2015, how many people did CABx advise?

Answer 11

2.5 million - 48% face to face, 45% on telephone, 7% through email/online

Question 12

When were Law Centres set up and how many were there in 2016?

Answer 12

1970 - 44 in 2016

Question 13

What is the aim of a Law Centre?

Answer 13

Provide a service that is easily accessible, not intimidating, to which they can turn to for guidance

Question 14

What do Law Centres do?

Answer 14

Offer a free, non-means tested legal service to people in their area - mainly in areas with few solicitors

Question 15

What do Trade Unions do + give an example

Answer 15

Offer free legal advice to their members for work related problems, and may offer free advice for other legal issues e.g. personal injury claims and other employment disputes. For example, Unite provides free legal representation for any personal injury case

Question 16

What does the Bar Pro Bono do?

Answer 16

-Some solicitors offer a free half-hour first interview
- Bar Pro Bono Unit - set up in 1996, staffed by volunteer barristers in London. Give free advice to those that cannot afford it, on any area of law and represent clients in court

Question 17

What are some examples of before the event insurance?

Answer 17

Car insurance, house insurance etc

Question 18

Conditional fee agreements can be used for which civil cases?

Answer 18

All civil cases apart from family

Question 19

Which Act introduced conditional fee agreements?

Answer 19

Courts and Legal Services Act 1990 (CALSA 1990)

Question 20

Which Act governs conditional fee agreements?

Answer 20

s.44 Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012)

Question 21

What is a conditional fee agreement?

Answer 21

• If the case is unsuccessful, the client will not pay (no win, no fee)
• However, if the client wins the case, they will pay the full amount plus a success fee (which can be up to 100% of the normal fee). Some solicitors cap the success fee so the client cannot pay more than 25% of the damages won or more than 100% of the normal fee. This is so the client doesn’t pay more than they have won, but can still be left with very little
• Some solicitors may charge a low level fee even if the case is lost
• After the event insurance can also be taken out to protect against paying the other side’s costs if they lose. This is usually taken at the start of a case