Legal Personnel, Judges, Access to Justice, and Funding in Civil Cases

Legal Personnel, Judges, Access to Justice, and Funding in Civil Cases

Civil cases involve private disputes between individuals, organisations, or companies. Legal personnel help clients prepare, negotiate, or argue their cases in court or through other means like mediation.

Barristers

• Usually work as advocates (specialists in presenting cases in court).

• Can be hired directly by members of the public (called ‘public access barristers’) or instructed by solicitors.

• Provide legal opinions, draft court documents, and represent clients in County Court, High Court, and appeal courts.

• Usually specialise in a certain area of civil law (e.g. family, personal injury, commercial disputes).

• Have rights of audience in all courts, meaning they can speak in court on behalf of their clients.

Solicitors

• Work directly with clients from the start of a case.

• Give legal advice, handle paperwork, and negotiate settlements.

• Can represent clients in County Court and some may apply for rights of audience in higher courts.

• May prepare the case for barristers to take to court or go to court themselves for smaller matters.

• Help with tasks like writing letters, gathering evidence, and dealing with legal procedures.

Legal Executives

• Legally qualified professionals who specialise in one area of civil law (e.g. personal injury, employment law).

• Do similar work to solicitors but usually focus on more routine matters.

• Can have limited rights of audience, meaning they can appear in some courts depending on their qualifications.

• Often work in law firms and assist in preparing court cases, handling claims, and giving advice to clients.

Types of Judges in Civil Cases

Judge Type	Court	Typical Cases
District Judge	County Court	Small claims (under £10,000) and fast track cases
Circuit Judge	County Court	Fast track and some multi-track cases
High Court Judge	High Court	Complex or high-value multi-track cases
Lord Justices of Appeal	Court of Appeal	Appeals from County and High Court
Supreme Court Justices	Supreme Court	Final appeals on major legal issues

There are two categories of judges:

• First Instance Judges: Hear cases for the first time (District, Circuit, and High Court Judges).

• Appeal Judges: Review decisions from lower courts (Court of Appeal and Supreme Court).

What Judges Do in a Civil Trial

1. Case Management

   • Before the trial, judges make sure the case is ready and handled efficiently.

   • They set deadlines, give directions (e.g. when evidence should be submitted), and try to avoid unnecessary delays.

   • They might deal with urgent matters like:

     • Granting an injunction (an order to stop someone from doing something).

     • Allowing another party to be added to the case.

2. Preparing for the Trial

   • Judges must read all relevant papers before the trial. This includes:

     • Claim forms, defences, witness statements, and any expert reports.

   • They must fully understand the case before it begins.

3. During the Trial

   • The judge sits alone — there is no jury in civil cases.

   • Their main duties are:

     • Decide what facts are true (after hearing evidence).

     • Apply the relevant law to those facts.

     • Give a reasoned judgement, explaining why one party has won or lost.

4. Considering Evidence

   • Judges assess:

     • Written documents and witness statements.

     • Oral evidence given under oath in court.

   • They can ask questions during the trial to make things clearer.

5. After the Trial

   • The judge may:

     • Give the decision immediately (in simple cases).

     • Take time to write a judgement if the case is complicated.

   • If the claim is successful, the judge must decide:

     1. How much compensation (damages) to award.

     2. Whether to grant an injunction to stop certain actions.

     3. Who should pay the legal costs (usually the losing party).

ACCESS TO JUSTICE

Access to justice means making sure that everyone — no matter their income — can get legal advice or help with legal problems. This includes both advice and representation.

Sources of Legal Advice

Source	What They Offer
Citizens Advice	Free, independent advice from trained volunteers. Help with housing, welfare, debt, family, and employment issues. Can write letters and speak on behalf of clients.
Law Centres	Free advice from qualified solicitors and barristers. Funded by Legal Aid Agency and local councils. Focus on social justice issues like housing, immigration, and welfare.
Trade Unions	Offer advice and sometimes pay for legal representation. Focus on employment issues but may also help with personal injury.
Help Lines (Civil Legal Advice - CLA)	Free, confidential advice by phone. Covers areas such as debt (if your home is at risk), housing, domestic abuse, and education needs.
Internet	Legal websites and solicitor firms often offer free general guidance and initial help.
Solicitors	Private solicitors can give advice — but this usually comes at a cost, unless they offer fixed-fee or pro bono services.

FUNDING ADVICE & REPRESENTATION IN CIVIL CASES

1. Private funding (self-funded)

2. Conditional fee agreements (no win, no fee)

3. Public funding (legal aid, limited)

4. Pro bono work

5. Crowdfunding

1. Private Funding/Pro Bono

• Clients pay directly for a solicitor or barrister.

• Cost can be high: £150+/hour for standard firms, £600+/hour for city firms.

• Some offer:

  • A free initial interview (usually 30 minutes).

  • Fixed-fee services (e.g. for writing wills).

  • Pro bono work – done for free by lawyers (usually for good causes or if the person cannot afford it).

2. Conditional Fee Agreements (CFAs)

• Also called ‘no win, no fee’ agreements.

• The solicitor is only paid if the client wins the case.

• If they lose, the client pays nothing (or very little).

• If they win:

  • The solicitor receives an extra payment called a success fee or uplift.

  • In personal injury cases, this fee is capped at 25% of the damages awarded.

• Often used in personal injury, defamation, or consumer claims.

• Not allowed for most family law or criminal law cases.

3. Crowdfunding

• People use online platforms to raise money for legal cases.

• Useful for public interest cases or where someone has community support.

4. Public Funding (Legal Aid)

• Provided by the Legal Aid Agency.

• Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), legal aid is very limited.

• Now only available for serious cases such as:

  • Asylum and immigration.

  • Domestic abuse.

  • Child protection.

• Not available for:

  • Personal injury.

  • Divorce (unless domestic abuse is involved).

• Means-tested: Applicants must show they have low income and few savings to qualify.