English Legal System and Law making - Paper 2 (Access to Justice)

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  • Created by: chloefyf3
  • Created on: 11-07-22 14:34
What does access to justice involve
and why can it be problematic with civil claims?
an open system of justice
&
the ability to fund the costs of the case

large costs are associated with civil claims
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What is legal aid and what is it under the control of (following which act)?
government funding being available

the ministry of justice following the
legal aid, sentencing and punishment of offenders act 2012 (LASPO)
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Where will legal aid be available, with a scenario example, and what are some examples of where legal aid is no longer available?
where the case is serious, the person cannot afford to pay legal fees, and the case is eligible
e.g someone at risk of losing their home

no longer - medical negligence, trespass to; person/land/property
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How is a persons ability to pay tested and what does this include?
means tested

both income and property
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Why can means testing be a problem for home owners?
even though they have no spare money, they may not be eligible
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Who governs applications of legal aid in civil cases?
the head of civil legal aid in the legal aid agency
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What can legal aid solicitors provide?
- advice on the law

- assistance in legal proceedings

- assistance in enforcement of
decisions and representation in court or alternative dispute resolution
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What are some case examples of where legal aid can be claimed?
- welfare benefits
- debt
- housing
- discrimination
- education
- immigration and asylum
- family, children, domestic abuse
- mental health and community care
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What six things will the director of the legal aid agency consider when deciding whether an individual qualifies?
- cost of the services and the benefit which may be obtained
- availability of services
- importance to the individual
- nature and seriousness of the case
- chance of success
- the public interest
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What must the gross monthly income be over and the disposable income be
over to automatically not be eligible for any civil legal aid?
gross monthly income - over £2657

disposable income - more than £700
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What happens if you claim certain benefits e.g income support?
your income will not be looked at
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What must have organisations have to be able to provide legal aid services?
a contract with the legal aid agency (LAA)
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What are some examples of available service providers?
- solicitors in private practice

- law centers

- some citizens advice bureau
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What is private funding and why may it be daunting?
paying large amounts of money for a solicitor if you can afford it

hard to estimate the final cost - particularly if you lose and have to pay the winners costs
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In what cases are conditional fee agreements (CFA's) available and not available?
available - all civil except family

not available - criminal cases
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How do conditional fee agreements work and what is the usual agreement?
solicitor and client agree the fee that would normally be charged for such a
case, as well as a success fee if the case is won

agreement - if the case is lost, the fee is to be paid (no win, no fee)
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What are success fees usually capped at and why does the claimant end up having to pay it out of their damages?
25% of the damages that the client wins

the loser cannot be required to pay the winners success fee
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What else can claimants also take out in case they lose and have to pay the other sides legal costs?
insurance
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What act shows the premium for this cannot be reclaimed from the other side?
LASPO 2012
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What are the other sources of legal advice?
- citizens advice bureau

- law centers

- solicitors

- trades unions

- insurance
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When was the citizens advice bureau set up and how many are there throughout the country?
in 1938

around 1000 throughout
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What is the citizens advice bureau and who can they contact if problems require further action?
a charity organisation available in most towns to provide free advice to anyone on a variety of issues mostly associated with social welfare and debt problems but they can advise on legal issues

can contact appropriate agencies or solicitors to help
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Who do most citizens advice bureau work with and on what basis do they offer advice to the clients?
a firm of solicitor

a pro bono (free) basis to the clients
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From what year have law centers existed since and what do they offer to people in their area?
since 1970

offer free, non means tested legal advice
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Where are law centers usually found and how many are there throughout the UK?
in larger cities

60
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Which areas do law centers aim to provide free legal advice?
areas where access to the legal system is limited
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What issues do law centers specialise in?
social welfare issues
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Why is funding an issue for law centers?
they are historically funded by the Ministry of Justice and legal aid which has faced heavy cuts in recent years
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What kind of interviews do solicitors offer?
free or fixed fee initial interviews
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What do solicitors also offer to help accident victims claim compensation?
the Accident Legal Advice Service
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What does the Law Society offer to help victims get in contact with solicitors?
the Accident Line
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What does the Bar also run and what happens here?
the Free Representation Unit

- barristers give their spare time, free of charge to represent clients
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What do trades unions provide to their members?
free legal advice on employment law issues
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What are two examples of types of insurance that individuals could also receive free legal advice through?
motor insurance
&
home insurance
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Other cards in this set

Card 2

Front

What is legal aid and what is it under the control of (following which act)?

Back

government funding being available

the ministry of justice following the
legal aid, sentencing and punishment of offenders act 2012 (LASPO)

Card 3

Front

Where will legal aid be available, with a scenario example, and what are some examples of where legal aid is no longer available?

Back

Preview of the front of card 3

Card 4

Front

How is a persons ability to pay tested and what does this include?

Back

Preview of the front of card 4

Card 5

Front

Why can means testing be a problem for home owners?

Back

Preview of the front of card 5
View more cards

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