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Law English legal system > Legal Aid > Flashcards

Legal Aid Flashcards

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1
Q

Legal aid

A

-state funded legal help

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2
Q

Unmet need

A

-A has a problem that could be solved by law, but A is not able to get the help they need

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3
Q

Statistics

A

-6/10 adults faced a legal issue in the last 4 years
-3/10 had unmet legal need
-most people need expert help from a lawyer

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4
Q

Is justice open to all

A

“justice is open to all, like a Ritz hotel”

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5
Q

History

A

-1949, welfare state, first legal aid scheme
-80s, 6 schemes like a duty solicitor
-1999, access to justice act 1999, major changes like set budgets

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6
Q

History of spending

A

1982: £536 million
2012: £2 billion
LASPO 2012: introduced further cuts, £300 million

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7
Q

Civil legal aid

A

-budget is capped, no longer demand led
-if you pass the test and there is no money left in the pot, you will not receive financial help

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8
Q

What is civil legal aid not available for

A

-medical negligence
-employment and education
-immigration
-housing and welfare benefits
-private family

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9
Q

What is civil legal aid available for

A

Sch 1
-family cases
-clinical negligence
-mental health and child welfare
-forced marriage
-judicial review

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10
Q

CLA

A

-civil legal aid telephone
-service provides free advice

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11
Q

Civil- means test

A

s4 civil legal aid regulations 2014
-income less than £2657 gross monthly
-limit of £733 disposable income monthly
-limit of £8k disposable capital
-if you receive benefits you automatically qualify

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12
Q

Civil- merits test

A

s4 civil legal aid regulations 2014
-prospect of success, v good 80%, good 60%, moderate 50%, poor
-public interest test
-proportionality test, benefit of funding justify protected costs
-likely damages test

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13
Q

Advice and assistance

A

-only by firms who have a contract with legal aid agency
-work is done for fixed fee
-advice desert, number of firms available has fallen by 50%

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14
Q

Criminal legal aid

A

-demand led, no set budget
-all cases that meet the tests will be funded
-s13 LASPO 2012 funds all duty solicitors and public defenders
-s16 criminal legal service provided by public and private lawyers

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15
Q

Criminal- magistartes

A

s14 LASPO 2012 means test
-income test £12,475 to £22,325
-full test, may have to contribute to funds
Merits test/interest of justice
-the more serious the charge the more likely they will qualify
-widgery criteria, case requires expert cross examinations, D liberty

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16
Q

Criminal- crown

A

-financial eligibility threshold
-annual household disposable income above £37,500 not eligible
-D may be liable for contributions to the case, up to 90% of disposable income
-if refused, D will have to fund legal aid defence privately

17
Q

Problems

A

-access to justice often denied, 30% qualified
-geography, advice deserts
-Art 6 unfair trial if legal aid refused
-too heavy reliance on private practices

18
Q

Other legal service providers

A

-trade union
-law centres
-insurance
-citizens advice bureau

19
Q

No win no fee

A

-conditional fee agreements hold a lifeline for civil cases in areas that are no longer covered by legal aid

20
Q

Civil Conditional Fee Agreement

A

Access to justice act 1999
-if they lose, solicitor agrees to take no fee or a reduced one
-if they win, you pay legal costs, success fee and after the event insurance

21
Q

Motto v Trafigura 2011

A

Biggest legal cost in history
-sued for ill health due to bad water
-bill was reduced by 40% as D challenged such high costs

22
Q

Conditional fee agreement under LASPO 2012

A

-success fee no longer recoverable from losing party
-client must pay sucks fee even if they win

23
Q

damages based agreement

A

-lawyers receive a share of Cs winnings
-payment of lawyer is reliant on the case being a success

24
Q

Advantages of conditional and damages agreement

A

-no cost to state
-widens access to justice
-encourages lawyers to work hard

25
Q

Disadvantages of conditional and damages agreement

A

-no win no fee in reality mean no win no pay
-lawyers too heavily involved in financial outcome
-risky and uncertain cases may not be taken on

26
Q

Reforms

A

Government paper
-Legal aid: a sustainable future 2006

Law English legal system (15 decks)

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