Legal Funding Flashcards
Who is legal funding covered by?
Legal aid, Sentencing and Punishment of Offenders (LASPO) Act 2012
What legal help is available in criminal cases?
Free legal advice as well as a duty solicitor scheme - no means test
What legal help is available in civil cases?
To be able to get representation, the d must qualify under the ‘interests of justice’ test and a means test
What is the ‘interests of justice’ test?
A defendant will only get help with legal funding for representation if they can show one of the five factors, such as a loss of freedom/liberty or if they don’t understand court proceedings
What is the means test?
The means test assesses a persons income and ability to pay for legal services as well as their capital
Who immediately passes the means test?
People on low income, benefits or in full time education
Which civil cases is legal aid allowed?
Children’s rights, cases involving mental health and cases claiming asylum
Who is CLA?
Civil Legal Advice - they are a government funded scheme that provide advice for civil cases for problems such as housing, debt, family issues or discrimination
What do the Citizens Advice Bureaux do?
Give free general advice on a variety of issues mostly social welfare and debt as well as some legal matters
What do law centers do?
Places that offer free, non-means tested legal help in areas where there aren’t as many solicitors
What do trade unions do?
Offer their members free legal advice for all work-related problems as well as legal problems such as personal injury cases
What types of private funding is available?
Own resources, Insurance and Conditional fee agreements
What are own resources?
People who can afford to pay a solicitor and their own legal fees often do so but it can be expensive - outside of London is typically £150 an hour
What is insurance?
Legal insurance that is provided by companies which can include motor insurance policies or home insurance
What is ‘no win, no fee’?
Its something that can be used in all civil cases except family cases - the fee is usually capped at 25%
