legal aid, law reform

Cards (23)

  • access to justice
    the right to have access to an effective remedy, equality before the law and the right to a fair trial. these rights are protected through a number of international human rights
  • sources of legal help
    - help lines
    - citizens advice bureau
    - law centers
    - trade unions
    - pro bono lawyers
  • private funding of cases
    anyone who can afford must pay themselves
  • insurance
    another way of funding a case
  • before the event insurance
    insurance which the client already had before the prospect of legal proceeding arose and which covers some or all of the client's potential costs liabilities in any subsequent proceeding
  • after the event insurance
    enables people to pursue a personal injury or clinical negligence claim by providing financial protection
  • conditional fee agreements

    a funding agreement between a claimant and their solicitor where the solicitor agree to a 'no win, no fee' basis
  • civil cases - means testing
    you must show you do not have enough money to pay for a lawyer. you must show you do not have disposable income to cover the cost
  • disposable capital
    this is the assets of the person, such as money in the bank or savings accounts
  • criminal cases - interests of justice
    - it is likely that I'll suffer serious damage to my reputation
    - a substantial question of law may be involved
    - i may not be able to understand the court proceedings or present my own case
    - i may need witnesses to be traced or interviewed on my behalf
    - the proceedings may involve expert cross examination of a prosecution witness
    - it is in the interests of another person that i am represented
  • magistrates court means testing
    strict means test in or out scheme. eligible or inegligible for legal aid
  • crown court means testing
    no upper limit on means testing those below 37,500 must pay towards. those whose disposable income is above 37,500 must pay
  • law commission
    the law commission is the statutory independent body created by the law commission act 1965 to keep the law of England and Wales under review and to recommend reform where it is needed. the aim of the commission is to ensure that the law is: fair, modern, simple, cost effective
  • reform
    where the law is needs to be updated the topics may be referred to it by the lord chancellor.
  • codification
    codification is the process of bringing together a legal act and all its amendments into a single new act
  • consolidation
    the main purpose of a consolidation project is to draw together different enactments on a topic into a single act. the act usually replaces provisions in different acts passed over a period of years.
  • repeal
    it also proposes the repeal of new laws that have become obsolete. the purpose of our statute law repeals work is to modernise and simplify the statue book, reduce its size and save the time of lawyers and others who use it
  • examples of law reforms
    - land registration act 2002
    corporate manslaughter and corporate homicide act 2007
    -coroners and justice act 2015
    - consumer rights act 2015
  • citizens advice bureau (CAB)
    An organisation that offers free advice on consumer and other legal matters.
  • law centers
    offers free, non means tested legal advise to people in their area
  • solicitors and barristers
    Some solicitors offer free or fixed fee initial interviews. The Bar also runs the Bar Pro Bono Unit where barristers give their spare time, free of charge to represent clients.
  • trade unions
    trade unions offer free legal services for their members
  • advice in criminal trials
    anyone arrested and held in a police station has the right to free legal advice.