ACCESS TO JUSTICE/FUNDING

Question 1

Pre-LASPO

Answer 1

An introduction of a welfare state through the 20th century, e.g. the Legal Aid Board in 1949.
2011 = ‘Review of civil litigation’ by Lord Jackson

Question 2

S8 LASPO ACT 2012

Answer 2

CIVIL
Priority given to domestic violence cases, special educational needs, loss of home. Subject to the means and merit tests.

Question 3

S14 LASPO ACT 2012

Answer 3

Widgery criteria
Means = calculated via household income, outgoings, and capital and equity
Merit = for various reasons, e.g. may be a loss of liberty or livelihood, substantial issue with a point of law, may not be able to understand court proceedings/raise a case

BUT - s10 Equality Act, automatic passes available for merit test such as discrimination
BUT - s10 LASPO Act, exceptional funding where there would be a breach of human rights

Question 4

S16 LASPO ACT 2012

Answer 4

CRIMINAL
Mixed system, involving lawyers in private practice who have contracts with the Legal Aid Agency.

Question 5

LEGAL AID AGENCY

Answer 5

Oversees legal aid, takes decisions on individual cases

Question 6

S58 PACE ACT 1984

Answer 6

Solicitors available in police stations. However, these are usually new to the profession and may not provide as good legal advice. S58(8) means this right can be restricted if the superintendent feels it could lead to alerting of other suspects

Question 7

NO WIN, NO FEE (CFA)

Answer 7

Introduced in Courts and Legal Services Act 1990, widened access in Access to Justice Act 1999 - the legal rep. only gets paid if the claim is successful
- There is also an ‘uplift’ or success fee, which can be up to 100% of the base fee. Can end up being expensive for the claimant

Question 8

A.V. DICEY

Answer 8

Everyone is equal before the law - shows the necessity of CFA, so people can access court

Question 9

PRESSURE TO SETTLE OUT OF COURT

Answer 9

CFA - Lawyers may not take high risk cases, and winning the case still leaves them with limited damages due to fees