Civil legal aid
Cards (5)
- only solicitors who have a contract with legal advice agency can give advice.-only advice for: benefits, discrimination, education,debt, welfare benefits etc. (Social issues)-not available for: business law, contract, trespass, wills and probate, trust law.-to get legal aid- need to pass a means test (money, financial eligibility) and a merits test (is your claim worthy of tax payers money)-civil legal aid budget is a fixed annual amount -> could possibly run out one year.-CFAs might be available to those who are not eligible.
- -only firms with a contract can do legal aid work means test.-strict Income and capital limits which are low.-income net (after tax) income for the household. It will consider (take off) housing costs, an amount for dependant (kids) and childcare - includes benefits.-capital and assess will consider savings and shares- ISAA, valuable items, cars, paintings, jewellery, how much of your house you own (nothing else considered).
- -they calculate eligibility- there is:(The means test)
- The upper limit for income and capital of you are above this, no legal aid is eligible.
- A lower limit if you are below this you get full legal aid
- If you are between upper and lower limit you are asked to pay a monthly contribution/payment
- Merits test
- The likely value of the claim
- The cost of upbringing the case and the prospect chance of the case being successful
- Conditional fee agreement-CFA a way of privately funding civil cases-introduced after gov withdrew most civil government funding/ legal aid.-solicitors have to offer/ choose to do the case AKA ‘no win no fee’ agreement - if you loseLose-solicitor agrees you pay nothing for their costs but you have to pay for an insurance policy. Which will pay the costs for other party’s solicitors (only lose insurance costs)Win-other side (opponent) pays your lawyers costs. Your solicitor will add a success fee to the costs - from compensation.