Session 17, access to legal funding Flashcards
What are examples of sources of legal advise?
- help lines
- citizens advice bureaux
- law centres
- trade unions
- schemes run by lawyers
What are help lines?
Telephone help from civil legal advice for problems like debt, housing, domestic abuse
What is the Citizens Advice Bureaux?
- Set up in 1939
- give advice in over 2,500 locations in the country
- help with consumer issues, entitlement to benefits, housing issues
What are Law Centers?
- operate in disadvantages areas
- free, non-means-tested
- low funding so been a reduction
What are trade unions?
- offer members free legal advice for work issues
- free legal advice for personal injury
What are schemes run by lawyers?
- some solicitors offer free 30 min first interview
How can legal advice and representation be paid for privately?
- persons own resources
- legal insurance
- conditional fee agreement
What are conditional fee agreements?
- used to avoid unknown estimate of court fees
- can be used in all civil cases except family and criminal
- usually when case is lost client pays nothing
- if case is won normal fee + success fee
What is after the event insurance?
Protects client from paying cost of other side if they lose case. Insurer pays
What is public funding in civil cases?
- comes from government budget
- amount of legal aid set is considered against other claims e.g health care
- limited, only a select few qualify
Which civil cases do and do not qualify for public funding?
Do
- children’s rights, liberty of individual
Do not
- breach of contract
- tort e.g personal injury
What is Means testing?
- required to prove those applying for representation don’t have funds
How do they test if you qualify for aid?
- if gross income is above set amount = don’t qualify
- receiving income support = qualify
What happens if a persons gross income is below the set amount?
- calculate disposable income
- if it’s less than min they don’t have to contribute
- if above min disqualified
- if between min & max contribute monthly
What is the maximum disposable capital limit?
£8,000
How do you qualify for public funding in criminal cases?
Qualify under interest of justice test and means test
What is interest of justice?
Defendant will get help with funding if they come with 1/5 factors
1) case will involve consideration of law
2) matter arising is decided against them
3) individual is unable to understand court proceedings
4) involves cross examination
5) in interest of other person that individual is represented
What is the magistrates Courts means testing?
- applicants eligible or ineligible for aid
- those on income support, under 16 & 18 in full time education pass
What is the Crown Court means testing?
- no upper limit on disposable income
- free for low income
- pay towards for high income
- if defendant not guilty they’ll be refunded
