Funding Options for Litigation Clients

Question 1

What funding options do litigation clients have?

Answer 1

1. Private funding
2. Conditional Fee Arrangement (success fee can only be 100% of normal fees)
3. Damages Based Arrangement (damages to be awarded to lawyer to be no more than 25% in a personal injury case, or no more than 50% in a non-personal injury case)
4. Insurance - before or after
5. Third party funding
6. Legal Aid
7. Union Funding

Question 2

How can one get civil legal aid?

Answer 2

Obtain civil aid through the Legal Aid Agency, and the dispute must be in relation to housing/debt/family. In addition, the claim must have a good prospect of success and C must also pass a financial means test

Question 3

How does one get criminal legal aid?

Answer 3

1. It is in the interests of justice to have legal aid awarded (this is automatically fulfilled if the case is heard at the Crown Court or above)
2. D is under 18, on benefits, or has an annual income under £3,398 (limited funding is available for those under £37,500)