Government Funding - Civil Advice + Representation Flashcards
Legal aid is not available for which civil cases?
Contract and tort cases e.g. personal injury claims
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) said that which civil cases can get limited legal aid?
Cases involving children’s rights, cases involving liberty, immigration cases
What is Civil Legal Advice (CLA)?
What is Civil Legal Advice (CLA)?
Why is it more difficult to get funding for civil cases?
The aim in civil cases is financial gain, and are usually not of general public importance
The aim in civil cases is financial gain, and are usually not of general public importance
People receiving Income Support or Job Seeker’s Allowance
What are the financial limits for Government Funded Representation?
Gross income must be below £2,657 a month, disposable income must be under £733 a month, disposable capital must be under £8,000
What happens if an individual only meets some of the requirements for Government Funded Representation?
They will have to make a contribution to their legal aid
What did the Lord Chancellor introduce in s.10(3) of LASPO 2012?
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
When was the Citizens Advice Bureaux set up and how many locations do they have now?
1939, currently have over 2,500 locations in the UK
What do the Citizens Advice Bureaux do?
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
Between 2014 and 2015, how many people did CABx advise?
2.5 million - 48% face to face, 45% on telephone, 7% through email/online
When were Law Centres set up and how many were there in 2016?
1970 - 44 in 2016
What is the aim of a Law Centre?
Provide a service that is easily accessible, not intimidating, to which they can turn to for guidance
What do Law Centres do?
Offer a free, non-means tested legal service to people in their area - mainly in areas with few solicitors
What do Trade Unions do + give an example
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
What does the Bar Pro Bono do?
-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
What are some examples of before the event insurance?
Car insurance, house insurance etc
Conditional fee agreements can be used for which civil cases?
All civil cases apart from family
Which Act introduced conditional fee agreements?
Courts and Legal Services Act 1990 (CALSA 1990)
Which Act governs conditional fee agreements?
s.44 Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012)
What is a conditional fee agreement?
- 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
