Legal Aid

Question 1

Legal aid

Answer 1

-state funded legal help

Question 2

Unmet need

Answer 2

-A has a problem that could be solved by law, but A is not able to get the help they need

Question 3

Statistics

Answer 3

-6/10 adults faced a legal issue in the last 4 years
-3/10 had unmet legal need
-most people need expert help from a lawyer

Question 4

Is justice open to all

Answer 4

“justice is open to all, like a Ritz hotel”

Question 5

History

Answer 5

-1949, welfare state, first legal aid scheme
-80s, 6 schemes like a duty solicitor
-1999, access to justice act 1999, major changes like set budgets

Question 6

History of spending

Answer 6

1982: £536 million
2012: £2 billion
LASPO 2012: introduced further cuts, £300 million

Question 7

Civil legal aid

Answer 7

-budget is capped, no longer demand led
-if you pass the test and there is no money left in the pot, you will not receive financial help

Question 8

What is civil legal aid not available for

Answer 8

-medical negligence
-employment and education
-immigration
-housing and welfare benefits
-private family

Question 9

What is civil legal aid available for

Answer 9

Sch 1
-family cases
-clinical negligence
-mental health and child welfare
-forced marriage
-judicial review

Question 10

CLA

Answer 10

-civil legal aid telephone
-service provides free advice

Question 11

Civil- means test

Answer 11

s4 civil legal aid regulations 2014
-income less than £2657 gross monthly
-limit of £733 disposable income monthly
-limit of £8k disposable capital
-if you receive benefits you automatically qualify

Question 12

Civil- merits test

Answer 12

s4 civil legal aid regulations 2014
-prospect of success, v good 80%, good 60%, moderate 50%, poor
-public interest test
-proportionality test, benefit of funding justify protected costs
-likely damages test

Question 13

Advice and assistance

Answer 13

-only by firms who have a contract with legal aid agency
-work is done for fixed fee
-advice desert, number of firms available has fallen by 50%

Question 14

Criminal legal aid

Answer 14

-demand led, no set budget
-all cases that meet the tests will be funded
-s13 LASPO 2012 funds all duty solicitors and public defenders
-s16 criminal legal service provided by public and private lawyers

Question 15

Criminal- magistartes

Answer 15

s14 LASPO 2012 means test
-income test £12,475 to £22,325
-full test, may have to contribute to funds
Merits test/interest of justice
-the more serious the charge the more likely they will qualify
-widgery criteria, case requires expert cross examinations, D liberty

Question 16

Criminal- crown

Answer 16

-financial eligibility threshold
-annual household disposable income above £37,500 not eligible
-D may be liable for contributions to the case, up to 90% of disposable income
-if refused, D will have to fund legal aid defence privately

Question 17

Problems

Answer 17

-access to justice often denied, 30% qualified
-geography, advice deserts
-Art 6 unfair trial if legal aid refused
-too heavy reliance on private practices

Question 18

Other legal service providers

Answer 18

-trade union
-law centres
-insurance
-citizens advice bureau

Question 19

No win no fee

Answer 19

-conditional fee agreements hold a lifeline for civil cases in areas that are no longer covered by legal aid

Question 20

Civil Conditional Fee Agreement

Answer 20

Access to justice act 1999
-if they lose, solicitor agrees to take no fee or a reduced one
-if they win, you pay legal costs, success fee and after the event insurance

Question 21

Motto v Trafigura 2011

Answer 21

Biggest legal cost in history
-sued for ill health due to bad water
-bill was reduced by 40% as D challenged such high costs

Question 22

Conditional fee agreement under LASPO 2012

Answer 22

-success fee no longer recoverable from losing party
-client must pay sucks fee even if they win

Question 23

damages based agreement

Answer 23

-lawyers receive a share of Cs winnings
-payment of lawyer is reliant on the case being a success

Question 24

Advantages of conditional and damages agreement

Answer 24

-no cost to state
-widens access to justice
-encourages lawyers to work hard

Question 25

Disadvantages of conditional and damages agreement

Answer 25

-no win no fee in reality mean no win no pay
-lawyers too heavily involved in financial outcome
-risky and uncertain cases may not be taken on

Question 26

Reforms

Answer 26

Government paper
-Legal aid: a sustainable future 2006