Access to Justice and Funding Flashcards
What are the sources of legal advice?
Help lines
Citizens Advice Bureaux (CABx)
Law Centres
Trade Unions
Schemes run by lawyers
How much is the average cost for a solicitor?
£150 an hour, rising to between £600 and £1,000 in London
What is a Conditional Fee agreement?
They are only used in civil cases and are used to overcome the costs of a case. The solicitor and client agree on the fee, and also the fee if the solicitor wins the case (often no win, no fee)
What is a success fee?
The fee that a solicitor gets if they win the case. It can be up to 100% of the normal fee, though only up to 25% in cases of personal injury
What are insurance premiums?
They protect against a large bill that is paid to the other party if the case is lost
Is legal aid available in civil cases?
No, not unless there is specification in legislation or regulations (such as human rights cases/ cases that affect a persons liberty)
What is means testing?
A person must show that they cannot afford a lawyer, income and capital are considered
When does a person qualify in means testing for legal aid?
When receiving income support, when capital is below the set level
What is unfair about means testing?
Disposable capital must be below a set level, and assets are taken into account. This doesn’t determine a persons bank balance
What are the 5 interest factors for public funding in criminal cases?
(‘Interests of Justice Test’)
- Loss of Liberty
- Point of law
- Unable to understand
- Includes interviewing or cross-examination
- Interests of another person
What is Magistrates’ Means testing?
The ‘in or out scheme’
What is the ‘in or out scheme’?
Passing the initial means test means you are eligible
Failing the initial means test means you are ineligible
What is Crown Court means testing?
Disposable income over £37,500 are ineligible for legal aid.
If the defendant is found guilty, contributions made by the defendant are refunded
What is merits testing?
Considers the ‘interests of justice’ test; a defendant’s case may meet relevant elements of the Widgery Criteria
What is the Widgery Criteria?
The defendant is likely to experience a loss of liberty or livelihood etc. A Crown Court trial is more likely to fulfil this
