Lecture 10 - Access to Justice

• What are the main topics covered in this lecture?

  Social Context of Access to Justice, History of Legal Aid, LASPO 2012
• What is the role of legal aid in the justice system?

  • Essential for a fair and humane justice system
  • Foundation for enjoying other rights
  • Safeguard for fundamental fairness and public trust
  • Ensures equal service by the legal system
• How does the rule of law relate to human rights?

  The government and its officials are accountable under the law
• What does Article 6 of the European Convention on Human Rights guarantee?

  The right to a fair trial
• What does Article 13 of the European Convention on Human Rights provide?

  The right to an effective remedy
• What did Pascoe Pleasence et al (2004) find about civil law problems?

  Over one in three adults experiences a civil law problem
• What percentage of people who sought advice failed to get any?

  Approximately 15%
• Who is the author of the study material on Access to Justice and Legal Aid in England and Wales?

  Luke Fisher
• Why are civil legal problems not evenly distributed among the population?

  Vulnerable people are more likely to suffer from them
• What topics are covered in the study material on Access to Justice and Legal Aid?

  • Social Context of Access to Justice
  • History of Legal Aid
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)
  • Civil Legal Aid
  • Criminal Legal Aid
  • Some Issues
  • The Bach Report
  • Justice: The Way Ahead
• What barriers prevent individuals from seeking legal help according to Richard White (1973)?

  Failure to recognize legal implications, lack of knowledge of services, economic barriers
• What is the traditional starting rate for private legal services?

  £150 per hour
• How does the cost of legal services affect access to justice?

  It gives an advantage to wealthier members of society
• What are the characteristics of laws under the rule of law?

  Laws must be clear, publicized, stable, fair, and protect fundamental rights.
• What is the significance of the Access to Justice Act 1999?

  It introduced means testing for legal aid eligibility
• Why is legal aid considered essential in a justice system?

  It ensures fairness, public trust, and the enjoyment of other rights.
• What is the maximum monthly income to qualify for legal aid under the Access to Justice Act 1999?

  £2,300
• What does the rule of law entail regarding government accountability?

  The government and its officials are accountable under the law.
• What is required for access to justice according to the study material?

  Access to justice requires competent, independent, and ethical adjudicators.
• What article of the European Convention on Human Rights guarantees the right to a fair trial?

  Article 6
• What is the purpose of Exceptional Case Funding (ECF)?

  To provide funding when human rights are at risk
• What article of the European Convention on Human Rights provides the right to an effective remedy?

  Article 13
• What percentage of ECF applications were granted in the first year (2013/14)?

  1. 22%
• What is the capital limit for legal aid eligibility?

  £8,000 for most cases, £3,000 for immigration
• What did the research by Pascoe and Pleasence (2004) reveal about civil law problems?

  Over one in three adults experiences a civil law problem.
• What percentage of individuals who sought advice failed to get any according to the previous research?

  Approximately 15%
• What is the income test for legal aid eligibility?

  Gross income cannot exceed £2,657 per month
• Who is more likely to suffer from civil legal problems?

  Vulnerable people are more likely to suffer.
• What barriers prevent individuals from seeking legal help?

  Economic barriers, lack of awareness, and elitist perceptions of the legal profession.
• What defines domestic violence under LASPO?

  Controlling, coercive, or threatening behavior between associated individuals
• What is the traditional starting rate for private legal services?

  £150 per hour
• What are the types of funding available for legal aid cases in scope?

  • Different levels of funding based on case litigiousness
  • Fixed fees depending on case type and geographical location
  • Higher fees in London than outside
• What is the initial legal help fee for basic correspondence?

  £86
• How does wealth affect access to legal services?

  Wealthier individuals can hire better lawyers and afford more time for thorough work.
• What is the Family Advocacy Scheme (FAS)?

  It allows for additional fees for advocacy in family cases
• What must be reported to the Legal Aid Agency (LAA)?

  Unreasonable behavior by the client or misleading information
• What did Abel-Smith et al (1973) find regarding legal advice-seeking behavior?

  Almost all participants sought legal advice when buying a house.
• What role do family and social networks play in accessing legal help according to Pereira et al (2015)?

  They provide guidance and enhance resources available for legal help.
• What was introduced in 1949 regarding legal aid?

  The first state-funded legal aid scheme was introduced.
• What did the ECHR rule in Airey v Ireland (1979)?

  Art 6 rights may compel the State to provide legal funding