Legal Aid Flashcards
Legal aid
-state funded legal help
Unmet need
-A has a problem that could be solved by law, but A is not able to get the help they need
Statistics
-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
Is justice open to all
“justice is open to all, like a Ritz hotel”
History
-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
History of spending
1982: £536 million
2012: £2 billion
LASPO 2012: introduced further cuts, £300 million
Civil legal aid
-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
What is civil legal aid not available for
-medical negligence
-employment and education
-immigration
-housing and welfare benefits
-private family
What is civil legal aid available for
Sch 1
-family cases
-clinical negligence
-mental health and child welfare
-forced marriage
-judicial review
CLA
-civil legal aid telephone
-service provides free advice
Civil- means test
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
Civil- merits test
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
Advice and assistance
-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%
Criminal legal aid
-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
Criminal- magistartes
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
Criminal- crown
-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
Problems
-access to justice often denied, 30% qualified
-geography, advice deserts
-Art 6 unfair trial if legal aid refused
-too heavy reliance on private practices
Other legal service providers
-trade union
-law centres
-insurance
-citizens advice bureau
No win no fee
-conditional fee agreements hold a lifeline for civil cases in areas that are no longer covered by legal aid
Civil Conditional Fee Agreement
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
Motto v Trafigura 2011
Biggest legal cost in history
-sued for ill health due to bad water
-bill was reduced by 40% as D challenged such high costs
Conditional fee agreement under LASPO 2012
-success fee no longer recoverable from losing party
-client must pay sucks fee even if they win
damages based agreement
-lawyers receive a share of Cs winnings
-payment of lawyer is reliant on the case being a success
Advantages of conditional and damages agreement
-no cost to state
-widens access to justice
-encourages lawyers to work hard
