Paper 2 - Access to Justice and Funding in the Civil System Flashcards
What is access to justice?
Where a person cannot get the help they need, they are being denied access to justice. Access to justice involves both an open system of justice and also being able to fund the costs of a case.
What are the free sources of advice for civil law problems?
When someone has a legal problem it is important that they are able to get advice about it. A number of advice schemes and agencies are available:
- Help Lines
- Citizens Advice Bureaux
- Law Centres
- Trade unions
- Schemes run by lawyers
What are helplines?
What is the name of the helpline?
Civil Legal Advice is a government-funded scheme which provides free telephone advices for problems like debt and domestic abuse.
What are Citizen’s Advice Bureaux?
There is a bureau in most towns and they provide free advice on matters such as housing issues, welfare benefits and debt problems. Many will also have contacts with local solicitors willing to give cheap or free advice.
(they are usually volunteers)
What are Law Centres?
There are 43 Law Centres in England and Wales and they operate in poorer areas, employing qualified solicitors and barristers who will advise mainly on problems concerning housing, employment, welfare benefits and immigration.
How do you get advice from Trade Unions?
These will offer their members free legal advice and legal representation for all work related problems. Many also offer free legal advice for other legal problems such as personal injury.
How can you get free legal advice from schemes ran by lawyers?
Many solicitors will offer a free half-hour interview, and some will even offer their services ‘pro-bono’ - free of charge in particular cases.
What is the Bar Pro-Bono Unit?
Situated in London. It gives free advice on any area of law to those who cannot afford legal advice and cannot get civil legal aid. This unit can also represent the client in court proceedings.
What is meant by privately funding a case?
Anyone who can afford it can pay for a solicitor and/or a barrister. However this could be very expensive and in practice is only an option for businesses and wealthy individuals. (The average cost of a solicitor outside London is about £150 an hour)
(paying for it yourself)
When is it possible to consult a barrister directly?
On issues of Civil Law, it is possible to consult a barrister directly, without going to a solicitor first. This can be cheaper than using a solicitor because barristers do not have such high business expenses as solicitors.
Another way of privately funding a case is by Private Legal Insurance. What is this?
Most motor and home insurance policies will provide help with legal fees in cases arising out of a road accident or from an injury arising from a house accident - e.g. a falling tile which strikes a passerby. Such cover will be provided very cheaply as part of the policy.
The main way of privately funding a civil case is through a Conditional Fee Agreement (CFA). What is this?
Under a CFA, solicitors and barristers can agree to take no fee if they lose a case but are able to, if they win, raise their fee up to a maximum of double their usual rate (the success fee). The legal fees of the winning party are taken from the damages paid by the losing party.
What is the ‘cap’ on the success fee in CFAs?
There is a ‘cap’ on the success fee in personal injury cases of 25% of the damages.
What is ‘after the event’ insurance in CFAs?
In order to ensure money is available to pay the defendant’s legal costs if the claimant loses the case, there is ‘after-the-event’ insurance whereby, for a relatively small amount, the claimant’s liability for such costs is covered.
What public funding is available to help with civil cases?
Public funding for advice and representation in Civil Cases is very limited. Civil Legal Aid is only available for certain specific cases, like those involving children’s rights or the liberty of individuals - e.g. claims for asylum or release from mental hospitals. It is not available for claims in tort (personal injury) or claims for breach of contract.
