Paper 1: access to justice

Question 1

Problems with access to justice

Answer 1

• Lack of knowledge
• Fear of dealing with lawyers
• Cost

Question 2

What is access to justice?

Answer 2

Gaining an open system of justice and being able to fund the costs of a case

Question 3

What did LASPO 2012 provide?

Answer 3

• Legal help under which advice can be given

- Legal representation which gives full legal services for the whole case

Question 4

What do help lines give civil legal advice on?

Answer 4

Debt, housing, domestic abuse, family issues, special education needs, discrimination

Question 5

Factors for the criteria in Government funding in civil cases

Answer 5

• Likely cost of providing the services and the benefit which may be obtained by them
• Availability of resources
• Importance of the matters
• Availability of other sources
• Individuals prospect of success in the dispute
• Public interest

Question 6

What is your disposable income?

Answer 6

• Tax and national insurance
• Housing costs
• Childcare costs or maintenance paid
• Allowance for himself and for each dependent

Question 7

Interests of justice

Answer 7

1) Whether the person will lose their liberty or livelihood or damage his reputation
3) The case will involve a point of law
4) Case involves tracing, interviewing or expert cross-examination of witnesses
5) It is in the interests of another person that the person is represented (rape case)

Question 8

When may insurance take place?

Answer 8

• Can be ‘before the event’ when there is no known legal claim
• Can be ‘after the event’ insurance where someone who is taking a case insures against losing and paying the other side’s costs
• This type is often used with a conditional fee agreement

Question 9

Conditions of a conditional fee agreement?

Answer 9

1) Not attractive to lawyers as they need to make a profit for their business to survive
2) Lawyers more likely to take on cases with a high success rate
3) Cost of after the event insurance cannot be claimed back
4) Success fee cannot be claimed by a claimant if they win

Question 10

Evaluation of law centres

Answer 10

• Lack of funding
• Limited number of Law Centres
• Many areas do not have one

Question 11

Evaluation of trade union

Answer 11

The service is only limited to their members

Question 12

Evaluation of solicitor’s schemes

Answer 12

• Reduction of legal aid availability, only a few cases come under this category
• Half hour advice is not useful if the matter is complex

Question 13

Evaluation of bar pro unit

Answer 13

Scheme is a small one, and only available in London