Government funding

• Legal Aid Sentencing and Punishment of Offenders Act 2012 set up the Legal Aid Agency, whose main services are legal help (just advice) and legal representation (help in court too)
• Criminal cases

  • Everyone entitled to phone call to solicitor at police station as a minimum (no means test). In order to get legal representation, must pass interest of justice test and means test. Means test depends on gross income and disposable income (sliding scale of contribution). If D found not guilty, contribution of costs is refunded to D
• Civil cases

  ● Previously available for all cases, except those specifically excluded (e.g. small claims less than £10k)

  ● Now only available for very few areas mentioned in the Act (e.g. children’s rights, asylum, etc.)

  ● NOT available for torts or breach of contract

  ● Even if available for the type of case, strict means test results in very few getting help
• Problems

  ● Too strict on eligibility levels & criteria set by Lord Chancellor is too restrictive

  ● Lack of Government funding for Ministry of Justice means the money runs out too quickly

  ● Phone call at police station often not very helpful
• Private funding, conditional fees, other advice agencies

  ● Own resources – paid for by D (but can be £600-£1000 per hour)

  ● Insurance – e.g. motor insurance can offer package to cover legal fees

  ● Conditional Fee Arrangements (‘No Win No Fee’) – success fees can be 100% on top of normal fee!

  ● Other advice agencies – e.g. CAB, Law Centres, Trade Unions, Bar Pro Bono Unit
• Evaluation of Private Funding, Conditional Fees, etc.

  ● CAB most useful – in most towns & deals with large number of cases (about 2.5 million per year)

  ● Law Centres – limited number of these and many are closing

  ● Trade Unions – limited to members and usually only advise on employment law or personal injury

  ● Bar Pro Bono – small scheme only available in London