Access to Justice

• What is meant by access to justice?

  • being able to sue or defend yourself in court.
  • Covers both civil and criminal cases
• Government funding for civil and criminal cases

  Funding is provided by the Legal Aid Agency.

   The Agency was created by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)
• Government funding for civil Cases

  Civil funding is only available for a limited number of civil disputes, for example, family (but not divorce), housing, debt, asylum and immigration.

  There is a set budget for each year. 
• Advice from the Civil Legal Advice Helpline is available

  Funded by the government this will provide initial advice.
• Merits test in civil cases

  There is a strict merits test.

  The merits test criteria can be found in s11 LASPO and, amongst other factors, includes:

  -The likely cost of providing the service

  -The appropriateness of using funds for the particular case

  -The prospect of a successful claim
• means test in civil cases

  Applicants also need to pass the means test.

  The disposable income and disposable capital of the applicant is assessed.

  The eligibility levels are very low. As a general rule those on state benefits will qualify.
• Updates to Civil Legal Aid

  In 2022 the Gov’t announced £12million pounds of additional funding for Legal Aid.

  It is called early intervention and will be awarded to charities and other organisations so they can help vulnerable people by helping them solve their legal problem before it goes to court.

  It will provide access to civil legal aid for two million more people.

  It will also be free to all under 18’s and parents challenging doctors over withdrawal of their child’s life support.
• Representation in court

  •Merits and means tested legal representation is available. This includes case preparation.

  •Merits test addresses whether it is in the interests of justice to provide government funded legal representation.

  •The means test assesses the disposable income and disposable capital of the applicant.

  •Means testing rules differ depending on whether the case is in the Magistrates or Crown Court.
• Public Defender Service

  This service is run by the Legal Aid Agency and is a government department.

  This service offers advice and representation at the police station and at court to those eligible for legal aid.

  There are 4 public defender areas in the UK with one being in Cheltenham.
• Private funding, conditional fees and other advice agencies

  Private funding issues

  Very expensive. Average £150 per hour

  This is where a person will pay for their legal advice and representation themselves.

  They usually seek advice from a solicitors’ firm.

  Some firms offer free initial advice – usually limited to 30 minutes.
• Conditional Fee agreements (CFA’s)


  •Client and lawyer make an agreement that the lawyer’s payment is conditional on the case being successful.  If successful the lawyer will also take a success fee from the winning client’s compensation.

  •The success fee must not exceed 25% of the damages, excluding damages for future care and loss.

  •A party will be advised to take out ‘after the event insurance’ as  they will have to pay the winners costs if they lose the case.

  •The normal fee can be claimed back from the loser but not the success fee or insurance.
• Citizens Advice Bureau

  Set up in 1939.

  There are over 2,500 in towns across the UK.

  Free advice on issues such as debt.

  This might be a good place to volunteer for uni applications or why not see if you can do your work experience here.

  There is one in Bishop’s Cleeve.
• Law Centres

  Free non means tested legal service.

  2016 44 law centres.

  2023 41

  First one opened in North Kensington in 1970.

  Find it difficult to secure funding from local authorities and central government.

  They offer free advice on matters such as housing, welfare benefits and debt.

  Your nearest one is Gloucester – why not volunteer or ask for work experience?
• Pro Bono units

  Staffed by volunteer barristers and based in London.

  They give free legal advice on a range of matters to members of the public who do not qualify for civil legal aid and may even represent them.

  Many individual barristers offer pro bono work.  For example, Kier Starmer is a human rights law and half his work is pro bono.
• Free Representation Unit (FRU)

  Based in London and Nottingham, this body provides advice and representation in social security and employment tribunals.

  They help those who do not qualify for legal aid but cannot afford a lawyer.

  They are staffed by volunteers who are mixture of law students and lawyers.

  Many universities also run free advice sessions to the public, staffed by students
• Trade Unions

  If you are a member of a trade union and there is an employment dispute they will offer free legal advice and possibly, representation.
• Insurance Companies

  Many insurance polices include free legal advice and representation to cover things under the policy. 

  For example, motor insurance may cover legal advice linked to road accidents.
• Charities

  Lots of charities offer free advice in their field of work by specialists.

  Some have helplines.  For example, Shelter will give advice over the phone and face to face from their local teams. They can advise on housing issues such as tenancy agreements and housing benefits.
• Evaluation of access to justice

  -Civil Cuts

  Very few civil cases qualify and there is a capped budget.

  Only available in a few cases such as those involving mental health and immigration tribunals. It does not cover contract, tort, divorce or personal injury.

  This means that people have to pay a lawyer or represent themselves.

  The extensive cuts to the legal aid budget over recent years has created limited access to justice for many.

  To justify the drastic cuts to civil legal aid the government allowed lawyers to offer conditional fee agreements (CFA’s) otherwise known as no win no fee cases.
• Criminal Cuts

  The cuts often affect those most in need. This is particularly hitting those in need of assistance at the Magistrates’ Court where it is almost impossible to satisfy the legal aid tests.

  The fees have also been drastically cut for criminal work.

  All legal aid rates have been frozen since the 1990s
• Eligibility levels

  Due to changes in the means test eligibility levels are now so low that very few people now qualify for financial assistance.

  When it was set up in 1949 80% of the population would have qualified. Now less than 30% of the population would qualify. 

  Whilst the poor will qualify many people fit into the ‘middle income trap’ which means they earn too much to qualify for legal aid but would struggle to pay legal fees.
• Merits testing

  Merits test are also causing problems in criminal cases, in particular the ‘interests of justice’ test.
• Civil legal aid only available in a very limited number of cases


  Funding for civil cases has been cut to the point where very few cases are eligible for funding.

  Only available in cases involving children’s rights and immigration cases.
• Advice deserts

  Due to the legal aid budget cuts there are less lawyers wanting to offer legal aid advice and representation.

  Since 2013 many firms have closed their legal aid departments leaving millions of people with no provider in their local area.

  Other advice agencies and law centres have dropped by 59% since 2012.
• Problems with private funding


  Although private funding allows a person to pick and choose the best lawyer, it is very expensive often starting at £150 an hour.

  As a result there have been a rise in civil cases of litigants in person i.e. someone representing themselves. This can lead to an imbalance of power in the court room.
• Difficult to get free advice

  There are many places people can get legal advice from but, with the cuts to legal aid, outside agencies are finding themselves overwhelmed with cases.  This means that it is difficult to be seen.
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  •CFAs have been a lifeline to many and have allowed people to bring matters to court without the worry of being financially ruined if they lose.

  •The success fee cap means that the claimant, if they win, will receive a large quantity of their compensation.

  But

  •Insurance premiums are costly and must be paid up front. Cannot be claimed back from the loser if the person wins.

  •Under the Legal Aid merits test the case has to have a reasonable chance of success.  Under CFA’s they have to have a 75% chance of success.

  •Cannot claim back the success fee from loser.
• government funding for criminal cases

  • Advice and assistance at the police station
  • Free advice and assistance is available from a duty solicitor at the police station to individuals in custody.
  • Can be face to face or telephone.
  • Available 24 hours a day to those in custody and extends to the first appearance at the Magistrates’ Court but would not cover trial work.
  • The duty solicitor at the Magistrates Court is available to offer free advice to those in custody brought before the court.
  • One hour of free criminal advice and assistance is available from contracted solicitors.