funding civil A03

Question 1

Lack of government funding

Answer 1

E - reduction in 2010/11 - £1B in 2015/6 - 600 million
D - civil cases increased as more people are aware of their rights
WDP - inflation - budget for aid hasn’t risen in line with inflation. Bar Council ‘a huge threat to access to justice in out country’

Question 2

Eligibility criteria

Answer 2

E - LASPO legislates over aid, criteria has become more restricted over the years
D - number of people eligible has fallen by 82% since 2010
WDP - family cases have suffered by the cuts, only the very poor are eligible

Question 3

Means test is strict

Answer 3

E - only people on a very low income will qualify
D - may result in people self representing, compromises justice
WDP - self representation is daunting for example in domestic abuse cases they have to sit next to the abuser

Question 4

Exclusion of personal injury

Answer 4

E - certain areas are excluded
D - victims of personal injury must privately fund or try CFA
WDP - it can lead to ‘advice deserts’ - cannot achieve justice

Question 5

Reduction in legal firms

Answer 5

E - solicitors firms offering civil work has reduced from 3750 to 2500 over 7 years
D - CAB have been closing branches reducing the amount of advice
WDP - reduces access to justice leading to advice deserts

Question 6

Private funding

Answer 6

E - lawyers unable to predict the cost of the case
D - various sets of fees if they lose, have to pay damages, the other side and the fees
WDP - the unpredictability makes it an impossible option for most

Question 7

CFAs

Answer 7

E - availability isn’t guaranteed as only high success rate cases are accepted
D - even if they win the no win no fee that still have to pay the insurance premium
WDP - there success fee will be reduced to their lawyer which can render the amount