Legal Funding

Question 1

Under what Act does everyone have a right to a fair trial and legal assistance?

Answer 1

Human Rights Act 1998.

Question 2

Under what Act is the current legal aid system set out?

Answer 2

Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Question 3

Since 2013 what organisation is responsible for legal funding?

Answer 3

The Legal Aid Agency.

Question 4

In civil cases, where are the factors for setting the criteria for legal aid services found?

Answer 4

s.10 Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Question 5

What are some factors the Lord Chancellor must consider when setting the criteria for legal aid?

Answer 5

The likelihood of success, the public interest, the availability of resources or whether other services available such as mediation.

Question 6

What are the four main schemes available for civil aid?

Answer 6

Legal help and advice (no conducting proceedings), help at court (legal help but no advocacy), legal representation (all aspects covered), or approved family help (advice on proceedings and mediation.)

Question 7

What is civil funding now only available for?

Answer 7

Mortgage repossessions, Asylum claims, clinical negligence relating to pregnancy, birth or first 8 weeks of life, representation of children, Mental Health Tribunals, and private family law matters involving domestic/child abuse.

Question 8

What cases will not be funded with civil aid?

Answer 8

Cases under £5000 or anything not covered by the list of things that will be funded.

Question 9

What two tests must a legal aid applicant pass if they are to receive civil funding?

Answer 9

The means test and the merit test.

Question 10

Who will automatically pass the civil means test?

Answer 10

People under 18 or in receipt of Income Support or Job Seekers Allowance will automatically pass.

Question 11

How does the civil means test work for those who don’t automatically qualify?

Answer 11

For all others if they have more than £733 disposable income a month they will NOT qualify. Also if their disposable capital is over £8000 they will NOT qualify.

Question 12

What is the civil merits test?

Answer 12

Factors that will be considered when deciding whether or not to grant legal aid.

Question 13

What are some of the factors of the merits test?

Answer 13

Availability of funds at present and likely future demands, the public interest, prospects of winning the case, the availability of other services like ADR.

Question 14

If someone is not eligible for legal aid what other services are available?

Answer 14

Advice agencies like the Citizens Advice Bureaux, Law Centres, Pro Bono, Free Representation Unit.

Question 15

What are Conditional Fee Arrangements?

Answer 15

A solicitor can agree to take no fee or a reduced fee if they lose and raise their fee by an agreed percentage if they win.

Question 16

What Act introduced conditional fee arrangements?

Answer 16

Courts and Legal Services Act 1990 but was updated by Access to Justice Act 1999.

Question 17

What is a case illustrating why conditional fee arrangements are bad AND why?

Answer 17

Coventry v Lawrence.
The cost ordered against the defendant was many times more than what the claim was worth as they had to pay the lawyer’s success fee.

Question 18

What are disadvantages of conditional fee arrangements?

Answer 18

A study by Citizens Advice Bureaux reported ‘No win, no fee, no chance’ as solicitors are not prepared to take high risk cases. People are often not able to pay insurance premiums and their lawyers from their Awards.

Question 19

What are advantages of conditional fee arrangements?

Answer 19

Wider access to justice as there is no upfront cost for legal representation (although there are court costs), Less cost to the state, performance incentives for lawyers.

Question 20

What is a contingency fee arrangement?

Answer 20

Successful lawyers will receive a share of damages awarded, hence contingent (if no damages, no money). It is usually capped at 50% for most cases.

Question 21

What are advantages of contingency fee arrangements?

Answer 21

No cost to the state, widens access to justice, performance incentive for lawyers.

Question 22

What are disadvantages of contingency fee arrangements?

Answer 22

Low take-up rate (not popular with lawyers), ‘No win, no fee’ actually means ‘No win, no fee, pay anyway for court costs’, high risk cases will rarely be taken on.

Question 23

What are some problems with funding for civil cases?

Answer 23

‘Advice deserts’, The Select Committee on Constitutional Affairs pointed out eligibility was so low that there is inadequate access to justice, lack of funds.

Question 24

Criminal legal aid is controlled by whom?

Answer 24

The Legal Aid Agency. They will make contracts with solicitors firms to provide legal services for people charged with criminal offences.

Question 25

What schemes are available for criminal legal aid?

Answer 25

The Duty Solicitor Scheme, Advice and Assistance Scheme, Legal Representation.

Question 26

What is the Duty Solicitor Scheme?

Answer 26

No means or merits test. Those detained in a police station have the right to free advice. Since 2004 solicitors will give telephone advice unless their presence at the station will impact the case.

Question 27

What is the Advice and Assistance Scheme?

Answer 27

There is a means test. Limited to one hours work, can include advice or some representation at Magistrates’ Court.

Question 28

What are the tests for legal representation for criminal legal funding?

Answer 28

Means test and in the interests of justice test.

Question 29

What is the criminal means test in the magistrates’?

Answer 29

A formula will calculate disposable income. The levels are very low and 75% of adults do not qualify.

Question 30

What are some criticisms of legal funding?

Answer 30

There have been millions of pounds of cuts to legal funding which have denied more people adequate access to justice. Means and merits or interest of justice tests are very strict.

Question 31

What are some good things about legal funding?

Answer 31

Access to justice for the poorest of society, the procedure is clear and there are many alternatives to full representation.