Legal funding

What is the primary aim of legal funding?

To provide government-funded legal assistance to those in need.

What report in 2006 highlighted issues in legal funding?

The Carter Report.

What significant legal reform was introduced by the LASPO Act of 2012?

It reformed legal aid, limiting funding and eligibility.

What are the three main difficulties faced by ordinary citizens in accessing legal services?

Lack of knowledge, fear of lawyers, and cost.

According to AV Dicey, how should society be treated under the law?

All members should be treated equally before the law.

What does the term 'unmet legal need' refer to?

The lack of access to legal advice and representation for many individuals.

What was the first legal aid system introduced in the UK?

The Legal Aid and Legal Advice Act 1949.

In what year was the Access to Justice Act passed?

1999.

What was the impact of the Jackson Report in 2010?

It led to further austerity cuts in legal aid funding.

What is the role of the Legal Aid Agency (LAA)?

To administer legal aid funding for civil and criminal cases.

What does 'demand led' mean in the context of legal aid?

It means funding is provided based on the demand for legal services.

What is a conditional fee agreement (CFA)?

An arrangement where a lawyer's fees are paid only if the case is won.

What is a damages-based agreement (DBA)?

An agreement where a lawyer's fee is a percentage of the damages awarded.

What was the eligibility percentage for legal aid in 1979?

Approximately 79% of the population.

What significant change occurred in legal aid funding after the LASPO Act?

Eligibility for funding decreased significantly, impacting access.

What is meant by 'advice deserts'?

Areas where legal advice is scarce or unavailable.

What is the significance of the quote from Judge James Matthew regarding justice?

It highlights the disparity in access to justice based on affordability.

What was the annual cost of legal aid by 1995?

Over £1 billion.

What areas of law were removed from legal aid funding by the Access to Justice Act 1999?

Most civil areas, including personal injury cases.

What was the impact of the 2006 Carter Report on legal fees?

It introduced fixed fees for all civil and criminal cases.

How many adults in England and Wales reportedly have unmet legal needs annually?

3.6 million.

What is the purpose of the Advice Services Alliance?

To provide alternative legal advice services.

What does the term 'two-tier justice system' refer to?

A system where access to justice is available primarily to those who can afford it.

What was the eligibility percentage for legal aid by 2007?

Only 27% of the population.

What is the main function of the Legal Aid and Legal Advice Act 1949?

To provide legal assistance to citizens, either free or on a sliding scale.

What areas still receive civil legal aid?

Clinical negligence, benefit/debt appeals (if home is at risk), discrimination, special education needs, child protection, domestic violence, housing issues (risk of homelessness), forced marriage cases.

What areas are no longer covered by civil legal aid?

Personal injury, employment cases, divorce and custody, immigration, debt, housing, and benefit (where no risk of homelessness).

What is the impact of the current civil legal aid system on case funding?

It is more accurate to say that no civil cases are funded unless they fall into a particular exception.

What is the role of the Legal Aid Agency in civil legal aid?

The Legal Aid Agency contracts certain firms to provide legal aid services for a fixed fee.

What is a concern regarding the quality of firms providing legal aid?

Once awarded the Legal Aid Agency's quality mark, firms may cut corners to make a profit.

How many solicitor firms are currently contracted to provide civil legal aid?

1,246 solicitor firms out of just under 10,000 in England and Wales.

What is a significant consequence of fewer firms offering legal aid?

The emergence of larger 'advice deserts'.

What is the Civil Legal Advice (CLA) service?

A telephone service that provides advice on debt, special educational needs, and discrimination.

What are the two tests used to determine eligibility for civil legal aid?

Means test and merits test.

What does the means test assess?

It determines if an applicant's income is low enough to qualify for legal aid.

What is the gross income limit for the means test?

Monthly income of less than £2,657 gross.

What is the disposable income limit for the means test?

£733 disposable income or less left each month.

What happens if an applicant has disposable capital above £8,000?

They do not qualify for legal aid.

What is 'passporting' in the context of legal aid eligibility?

Automatically qualifying for legal aid if in receipt of certain benefits.

What does the merits test evaluate?

It assesses whether a case is sufficiently worthy to receive taxpayer money.

What is the prospects of success test?

It evaluates the likelihood of success at trial, with thresholds of very good (80%), good (60%), and moderate (50%).

What does the public interest test consider?

Whether there is a real benefit to the public at large.

What is the reasonable private paying individual test?

It assesses if a reasonable private individual would be willing to start the proceedings.

What does the likely damages test evaluate?

The quantum of damages likely to be received if successful.

What does the likely costs test assess?

The total costs likely to be incurred if the applicant is not successful.

What challenges do litigants in person face?

Difficulty understanding evidential requirements, identifying legally relevant facts, dealing with forms and procedures, lack of objectivity, and unskilled in advocacy.

What did the Civil Justice Council comment about litigants in person?

It is hard to overstate the difficulties faced by individuals representing themselves.

What are the implications of more litigants in person for judges?

Judges will have to become more involved in cases, managing the chaos created by self-represented litigants.

What is the concern regarding the future of legal aid work among solicitor firms?

4 in 10 providers may quit legal aid work in the next 5 years.

What is the overall sentiment regarding the current state of legal aid?

Justice will be ill served by the reduction of legal aid funding.

What is the traditional role of a common law judge?

To act as a neutral umpire without getting involved in the case.

What challenges arise when litigants in person come to court?

Judges may struggle to assist both parties equally and may appear biased.

What is a major consequence of having litigants in person in court?

It takes much more time, leading to delays in other cases.

What are the two types of 'No Win, No Fee' agreements?

1. Conditional Fee Agreement (CFA) 2. Damages Based Agreement (DBA)

What happens under a Conditional Fee Agreement if the case is lost?

The lawyer does not get paid.

What is a Success Fee in a Conditional Fee Agreement?

An additional fee charged by the lawyer if the case is won, which can be up to 100% of their normal fee.

What is the maximum percentage a solicitor can charge as a Success Fee in personal injury cases?

25% of the damages awarded.

What is the purpose of 'After the Event' insurance in legal cases?

To cover the legal fees of the winning defendant if the claimant loses.

What is the cap for lawyers' fees under Damages Based Agreements in personal injury cases?

25% of the damages awarded.

What is the cap for lawyers' fees under Damages Based Agreements in other civil cases?

50% of the damages awarded.

What are the advantages of Conditional Fee Agreements (CFAs) and Damages Based Agreements (DBAs)?

They provide access to civil justice without financial burden on the state.

What is a disadvantage of CFAs and DBAs regarding solicitor selection?

Some solicitors may refuse cases with a slim chance of winning, limiting access to justice.

What hidden costs can affect claimants in CFAs and DBAs?

Claimants may have to pay for the winning side's costs even if they do not win their case.

What is the principle behind the criminal legal aid system?

To ensure that those facing a criminal trial have proper representation and avoid wrongful conviction.

What does it mean that the criminal legal aid system is 'demand led'?

Funding is available based on the demand for cases that meet means and merits tests.

How are lawyers paid under the criminal legal aid system?

They are paid fixed fees based on the nature of the offence and case type, not by the hour.

What issue arises from the limited number of firms with criminal legal aid contracts?

It contributes to the problem of 'advice deserts' where legal assistance is scarce.

What was the impact of LASPO 2012 on fixed fees for Crown Court trials?

It cut fixed fees by 17.5%, despite no prior increases to reflect living costs.

What is a potential disadvantage for winning claimants under CFAs?

They may end up with very little 'winnings' after paying legal fees.

What are 'claims farmers' in the context of legal funding?

Entities that may pressure individuals into pursuing claims, often using aggressive marketing tactics.

What is the role of the Courts and Legal Services Act 1990 in relation to CFAs?

It introduced Conditional Fee Agreements to provide access to justice for clients unable to pay privately.

What does the term 'litigant in person' refer to?

An individual who represents themselves in court without a lawyer.

What is the concern regarding judges when one party is a litigant in person?

Judges may inadvertently favor the professionally represented party, compromising impartiality.

What is the risk of having a significantly better barrister on one side of a case?

It may lead to decisions based on representation quality rather than legal merits.

What is the main goal of legal funding options like CFAs and DBAs?

To improve access to justice for individuals who cannot afford traditional legal fees.

What significant change did LASPO 2012 introduce regarding fixed fees?

It cut fixed fees by 17.5%.

What was the government's argument for maintaining fixed prices in legal aid?

They argued it created an incentive to avoid delay and rewarded efficient practice.

What do opponents of fixed price work argue?

They argue it encourages corner cutting and inferior work standards.

What increase in fees was accepted by criminal barristers in 2022?

An increase of 15% for most work undertaken in the Crown Court.

What announcement did Lord Chancellor Alex Chaulk make in January 2024?

An increase in fees for attending police stations and youth courts.

What does s.58 of the Police and Criminal Evidence Act 1984 state?

Everyone is entitled to consult a solicitor in private, regardless of income.

What types of assistance are provided at the police station?

Free advice available 24/7, either over the phone or face to face.

What is the means test in the context of legal aid?

It assesses the suspect's finances and those of their partner to determine eligibility.

What is the gross income threshold for legal aid eligibility in the Magistrates' Court?

£22,325 or more disqualifies an individual from receiving aid.

What is the disposable annual income threshold for private payment in the Crown Court?

£37,500 or more.

What is the 'Innocence Tax'?

The requirement for acquitted defendants to pay legal fees at legal aid rates, forcing them to cover the difference themselves.

What is the Merits Test in legal aid?

It assesses whether the case qualifies based on the seriousness of the charge and potential consequences.

What are the Widgery Criteria?

Factors determining eligibility for legal aid based on the seriousness of potential consequences.

What has been the impact of cuts to legal aid on access?

Access to legal aid has dramatically fallen, creating 'advice deserts' and forcing many to pay privately.

What is the role of Citizens Advice?

They provide free, independent, and confidential advice on various issues, including legal matters.

What is Advice UK?

An umbrella organization for independent community advice centers across the UK.

What services do Law Centres provide?

Free and independent professional advice on welfare, immigration, housing, and discrimination.

How do trade unions assist their members with legal issues?

They offer free legal advice for work-related matters and other legal issues.

What is after-the-event (ATE) insurance?

Insurance that covers legal fees if a case is lost.

What has been the trend in applications to the Advocate pro bono unit since 2012?

Applications have doubled, indicating increased demand for free legal assistance.

What is the significance of the 'quality mark' for solicitor firms?

It indicates firms that can provide legally funded assistance, which has decreased significantly.

What is the impact of litigants in person on the court system?

They increase the burden on courts, leading to longer hearings and a higher likelihood of appeals.

What did Lord Neuberger highlight regarding legal aid cuts?

He noted that the most vulnerable in society are affected by the cuts.

What is the purpose of the Defence Solicitor Call Centre?

To provide legal advice to individuals at police stations, often over the phone.

What happens if a suspect is acquitted but has legal aid costs?

They are reimbursed at legal aid rates, potentially leaving them with significant out-of-pocket expenses.