Access to Justice

Problems with access to justice in the UK

• Very expensive to gain access to Justice.

  • Typically Solicitors charge by the hour.

  • However, the Government can (and does) step in to fund some legal cases to ensure equality of arms (fair on both sides)

How is legal aid funded?

• The legal aid agency - Administer civil and criminal legal aid; they fund the civil legal air service; and they run the public defender service facilitate a range of services in the criminal market.

Civil legal aid

• The Legal Aid service give free initial specialist advice for those that qualify in areas of:

  • Debt.

  • Education.

  • Discrimination.

  • Housing.

  • Family law.

• Provide funding of legal cases - usually requires mediation first;

• What you need to qualify:

  • Means test - takes into account assets and money (very hard to pass)

  • Merits test - how likely success is ?

The means test

• Considers a person’s gross income (how much does the household bring in without bills?)

  • Maximum gross income has to be a maximum of £2,657 per month

• Disposable income (after you pay for bills each month)

  • Maximum of £733

• Disposable Capital (value of everything you own)

  • Take off £100,000 of mortgage

  • If everything you own is over £8,000 you no longer qualify (max £8,000)

• The Government will only fund:

  • Repossession of property.

  • Homeless cases.

  • Asylum and immigration.

  • Violence and harassment cases.

• Have to represented by a Government lawyer.

Criminal Legal Aid

• Legal Aid agency provides contracts to do criminal work. Meaning that the lawyers are separate from the Government.

Advice at police stations:

• S13 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 provides all funding for a solicitor.

• Advice is not means tested, but usually done over the phone.

• Solicitors only attend the police station if it will materially progress the case.

Own fundings

• A person can fund their own solicitor, or barrister (via direct access),

• But this is expansive as lawyers charge by the hour.

• Some solicitors offer 30 minutes of free advice.

If you don’t have the money for barristers or legal help

Insurance:

• There are two types of insurance,

  • Firstly: before the event - this is insurance that is taken out prior to the legal advice/representation being needed (i.e. car insurance policies) which will pay for a lawyer if needed;

  • Secondly, after the event: is taken out after a case is being brought to court and pays for the legal fees if the case is lost (usually used in conditional fee arrangements).

Conditional fee arrangements

• (CAN’T BE USED IN family or crime):

• Solicitors take on a case on a no win, no fee basis -

• Meaning they take on only the most likely wins.

• (Usually claimants must get after the event insurance to insure for legal costs if the case is lost);

• If solicitors win, they recover their costs from the other side and an uplift fee from the damages.

Negligence Claim worth £100,000

Citizens advice Bureaux

• A charitable organisation that provides advice on many matters including debt, consumer rights, benefits, housing, and employment.

• Staffed by both volunteers and full time employees who are trained.

• Many have agreements with solicitors who may offer cheap or free advice sessions.

Pro Bono Unit (Advocate)

• Volunteer barristers that provide free legal advice to the public who cannot afford legal support, but do not qualify for legal aid.

• They can also represent members of the public in civil proceedings.

Law Centres

• Free, non means tested, offering advice and representation in areas where there is few or no solicitors.

• There are approximately 41 across the country funded by local and central government, but funding means their sustainability is difficult.

• Most have one qualified solicitor supported by volunteers.

Free Representation Units (FRU)

• Provides advice and representation in social security and employment tribunals. The work is often undertaken by volunteer law students and legal professionals in the early stages of their careers.

• All are supervised by legal officers.

Trade Unions:

• Usually pay subscriptions for via subscription fees,

• Trade unions offer their members workplace advice via a Trade Union Representative who can support in representation in the company.

• Where cases go to court, or other areas of law are involved, Unions will often pass the case onto a solicitor.

• Trade Unions will only fun cases their confident in winning.l

• Charities: a range of charities can offer people specific legal advice via trained advisors or volunteers in their area of charity. For example, Shelter supports with homelessness and Gingerbread supports in family law cases