access to justice and funding

• What is the status of civil legal aid in terms of demand?

  No longer demand led
• What happens if the civil legal aid budget runs out?

  You will not receive financial assistance
• Which areas are no longer generally available for civil legal aid?

  Personal injury and medical negligence
• How many cases per year are no longer state funded due to changes in civil legal aid?

  600,000 cases
• What types of cases does civil legal aid still cover?

  • Family cases (including domestic violence)
  • Clinical negligence
  • Mental health and child welfare cases
  • Forced marriage cases
  • Judicial review
• What is the income limit for the means test in civil legal aid?

  Less than £2657 gross monthly
• What is included in the means test for civil legal aid?

  Income of spouse/partner is included
• What is the limit for disposable income in civil legal aid?

  £733 disposable income per month
• What is the limit for disposable capital in civil legal aid?

  £8000 disposable capital
• What qualifies an unemployed applicant for civil legal aid?

  Automatically qualifies if receiving benefits
• How has the percentage of the population eligible for legal aid changed since 1949?

  From 80% in 1949 to 25% in 2016
• What is the purpose of the merits test in civil legal aid?

  To determine if the case is worthy of funding
• What are the success prospect percentages in the merits test?

  80% very good, 60% good, 50% moderate
• What does the public interest test assess in civil legal aid?

  Real benefit to the public at large
• What does the proportionality test evaluate in civil legal aid?

  Benefit from funding versus projected costs
• Who provides legal advice and assistance under civil legal aid?

  Firms with a contract with the Legal Aid Agency
• What is the payment structure for legal aid work?

  Work done for a fixed fee
• What has happened to the number of firms able to provide legal aid?

  Fallen by approximately 50%
• What is the definition of 'unmet legal need'?

  Not able to get the help needed
• What is the status of criminal legal aid in terms of demand?

  Demand-led
• What is the financial eligibility threshold for Crown Court cases?

  Above £37,500 annual disposable income
• What happens if legal aid is refused in criminal cases?

  Defendant must fund their defense privately
• What are the main difficulties facing ordinary citizens regarding legal aid?

  Access to justice often denied
• What is the impact of geography on access to legal aid?

  Legal help could be over 50 miles away
• What is the significance of the Legal Aid Agency?

  It funds public defenders and duty solicitors
• What is the purpose of conditional fee agreements?

  Provide a lifeline in civil cases
• What happens if a client loses under a conditional fee agreement?

  Solicitor takes no fee or reduced fee
• What is the maximum success fee percentage for personal injury cases?

  25% of normal fee
• What was the outcome of the Motto v Trafigura case?

  Bill of costs reduced by 40%
• What was the outcome of Coventry v Lawrence (No 2)?

  Costs order against the business was £640,000
• What change did the Legal Aid, Sentencing and Punishment of Offenders Act 2012 introduce regarding success fees?

  Success fee is no longer recoverable from losing party
• What is a damage-based agreement?

  Lawyers receive a share of successful award
• What are the advantages of conditional and damages-based agreements?

  Widen access to justice and no cost to state
• What are the disadvantages of conditional and damages-based agreements?

  Low take-up rate and risky cases avoided
• What are the main reforms proposed by Lord Carter regarding legal aid?

  • Price competitive tendering
  • Duty Provider work awarded through competitive tendering
• What is the historical significance of 1949 in legal aid?

  First state-funded legal aid scheme introduced
• What major change occurred in legal aid funding in 2012?

  Introduced cuts slashing over £300 million
• What is the current system of legal aid under the 2012 Act?

  Rights of private people for legal help
• What is the principle of equal access to legal services?

  Treated equally before the law
• How does the quote "Justice is open to all, like the Ritz Hotel" relate to legal aid?

  Not everyone can afford to enforce rights