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Produced by, and copyright of,
Dr Peter Jepson
Updated May 2013
LEGAL FUNDING
Prior to these lessons,
read and précis
chapter 19 of
‘The English Legal
System’ by Jacqueline
Martin.
In this lesson …
• Check your mobile is
switched off
•Take notes
•Feel free to ask questions –
but raise your hand first
Access to Justice
When faced with a legal problem, the
average person will usually need expert help
from a solicitor.
What are the main difficulties for an ordinary
person who is seeking legal help?
Access to Justice …
When a person cannot get the help they
need, it is said that they are being denied
access to justice.
Access to Justice Act 1999
This Act was passed to replace the old Legal
Aid scheme with two new schemes:
•The Community Legal Service (for civil
cases)
•The Criminal Defence Service (for criminal
cases)
Legal Aid, Sentencing and
Punishment of Offenders Act 2012
This Act replaced the Legal Services
Commission with the Legal Aid Agency
which is managed by the Ministry of Justice.
Decisions on granting legal aid are made by
the Director of Legal Aid Casework (civil
servant).
Availability of Legal Aid
Legal aid not available for civil cases
unless it is a category specifically
mentioned in the Act, e.g. cases involving
liberty of the individual.
Government Funding in Civil Cases
A set amount of money is made available each
year for legal aid from the government’s
budget.
In order to qualify there is a strict means test.
This means looking at a person’s disposable
income and disposable capital.
Providers of Legal Services
 Local solicitors
 Advice agencies
 Welfare associations
 Consumer protection groups
Problems of Advice Deserts ..
The Legal Services Commission in 2004:
“It is clear that there are parts of England
and Wales in which the need for publicly
funded legal services is not currently being
met.”
Conditional Fees
As a general rule, in a civil case, the
judge will order the loser to pay the
winner’s costs.
The problem for a potential claimant is that
s/he may be uncertain as to the outcome of
their case and therefore feel that bringing a
court action would be too risky.
How Conditional Fees Work…
“No win, no fee!”
If the solicitor loses the case - the client pays nothing.
If the solicitor wins the case the client pays the
normal fee plus a “success fee” (the AJA 1999
now allows courts to order that the losing party
pays the normal fee and the success fee).
Does this method encourage a solicitor to take
on a difficult case?
How Conditional
Fees Work …
Look at fig 19.3 on p.282 of “The English Legal System”.
Insurance Premiums
Consider the following questions…
•Why might someone want to take out
insurance against losing a case?
•What is the difficulty with doing this?
•Can the cost of the premium be claimed
back from the other side if you win?
Advice Agencies
There are also a number of non-profit making
agencies available to give people legal advice
and representation.
These will offer advice to anyone who has a
problem of the type they deal in.
Citizens’ Advice Bureaux
•Will give free advice and help to
anyone. Most commonly deal with social
welfare problems and debt.
•Staffed by trained volunteers, who often
become expert in the areas they
frequently deal with.
Law Centres …
•Offer a free, non-means-tested service
to people who live or work in their
area. Their main areas of work are
housing, welfare, immigration and
employment.
•Many law centres have been forced to
close due to insufficient funding.
Other Advice Agencies
Cheap / free initial interview
Accident Legal Advice Service (ALAS)
Accident Line (free telephone service)
Free Representation Unit (FRU)
Legal Insurance (AA / RAC)
Trade Unions (work-related problems)
Charities (e.g. Shelter)
Legal Aid in Criminal Cases
Initial advice and assistance are
available to an individual who is held in
custody at a police station.
This will usually take the form of
telephone advice.
Interests of Justice
D will only get help with legal funding if he
can show that he comes within one of the five
“interests of justice” factors.
List these factors.
Means Testing
Magistrates Courts: About three quarters of
adults do not qualify for legal aid as the income
levels allowed are very low.
Crown Courts: All Ds can receive legal aid. The
higher the income, the more D has to pay towards
the case.
Problems with Funding of Criminal
Cases
Explain the following problems with the funding
of criminal cases:
1.“Interests of Justice” test
2.Means test
3.Lack of lawyers
4.Budget
Break into Law Firms…
…to prepare a detailed presentation explaining
one of the following areas:
1. Legal Aid in civil cases
2. Legal Aid in criminal cases
3. Conditional Fees
4. Advice Agencies
Exam Practice…
Plan answers to the exam
questions on page 287 of “The
English Legal System”.