Access to Justice + Funding

• What is legal aid?


  State-funded legal help.
• What does the term 'unmet legal need' refer to?


  It refers to a situation where an individual has a legal problem but cannot access the necessary help.
• What percentage of adults in England and Wales experienced a legal issue in the last four years?

  64%
• What is the significance of the quote “Justice is open to all, like the Ritz Hotel”?


  It highlights that while justice is available, not everyone can afford to access it.
• When was the first state-funded legal aid scheme established?

  1949
• What major changes did the Access to Justice Act 1999 introduce?


  It made significant changes to criminal and civil funding, including setting a budget.
• What was the spending on legal aid in 2012?


  £2 billion
• What did the Legal Aid, Sentencing and Punishment of Offenders Act 2012 introduce?


  It introduced further cuts to legal aid, slashing more than £300 million.
• What is the current status of civil legal aid?


  It is no longer demand-led and has a capped budget.
• What types of cases are no longer generally available for civil legal aid?


  Personal injury, medical negligence, employment, education, immigration, housing, and welfare benefits.
• What are the criteria for civil legal aid retention according to Schedule 1 of the Civil Legal Aid Regulations 2013?


  • Family cases (including domestic violence)
  • Clinical negligence
  • Mental health and child welfare cases
  • Forced marriage cases
  • Judicial review
  • Civil Legal Advice (CLA) telephone service for free advice
• What is the income limit for the means test for civil legal aid?


  Less than £2,657 gross monthly.
• What is the purpose of the merits test in civil legal aid?


  To determine if the case is worthy of taxpayer funding based on its prospect of success.
• Who provides legal advice and assistance under civil legal aid?


  Only firms that have a contract with the Legal Aid Agency.
• What is the impact of 'advice deserts' on legal aid?


  It means that many people, especially in rural areas, have limited access to legal help.
• What are the two tests for qualifying for legal aid?


  The means test and the merits test.
• What is the main difference between civil and criminal legal aid?


  Civil legal aid is capped and no longer demand-led, while criminal legal aid is demand-led with no set budget.
• What is the financial eligibility threshold for Crown Court cases?


  Annual household disposable income above £37,500 makes one ineligible.
• What are the problems associated with access to justice?


  Only around 30% of the population qualify for civil legal aid, and there are geographical barriers.
• What is a 'litigant in person'?


  An individual who represents themselves in legal proceedings without a lawyer.
• What are the advantages and disadvantages of conditional fee agreements?


  Advantages:

  • No cost to the state
  • Widens access to justice
  • Encourages better performance from lawyers

  
  

  Disadvantages:

  • Low take-up rate
  • Risky, uncertain cases may not be taken on
  • Clients may still incur costs even if they lose
• What happens if a client loses a case under a conditional fee agreement?


  The solicitor agrees to take no fee or a reduced fee.
• What is the significance of the case Motto v Trafigura (2011)?


  It was a major costs case where the bill was reduced significantly after a challenge.
• What is the maximum percentage for a success fee in personal injury cases?


  25%
• What changes did the Legal Aid, Sentencing and Punishment of Offenders Act 2012 make regarding success fees?


  Success fees are no longer recoverable from the losing party; clients must pay them themselves.
• What are the different forms of legal advice and representation available to individuals?

  • Solicitors
  • Barristers
  • Law Centres
  • Community Legal Advice Centres
  • Citizen’s Advice Bureau
  • Trade Unions
  • Pro bono clinics
  • Insurance
• What is the purpose of the Government paper 'Legal Aid: A Sustainable Future'?


  To propose reforms for the legal aid system.
• What was the outcome of the proposal for price competitive tendering in legal aid?


  It faced opposition and was not introduced; instead, Duty Provider work was implemented.
• What areas should be included in a poster about the availability of legal aid?

  • Civil legal aid (means & merits test)
  • Criminal legal aid (means & merits test)