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Access To Funding

Law Unit 1

What are the sources of advice? -Helplines -Citizens Advice Bureaux -Law Centres -Trade Unions -Lawyer Run Schemes
Explain helplines Civil Legal Advice (CLA) is a gov. funded schemes provide help via telephone.
What does Civil Legal Advice assist with? -Debt (if home is at risk) -Housing (homeless/ risk of eviction) -Discrimination
Explain the Citizens Advice Bureaux They give free general advice to anyone on a variety of issues connected to social welfare problems and debt but can also assist on legal matters. Some solicitors offer a free 30 mins interview
What problems does the Citizens Advice Bureaux assist with? -Entitlement to benefits -Employments issues -Housing issues
Explain Law Centres They offer free, non-means tested legal service to people in the area. Many clients from a disadvantaged background
What are Law Centres aim? To provide free legal advice and representation where there are few solicitors
Where does the funding come from for Law Centres? Some are from the gov. -but cuts have been made. and some are from the National Lottery Funds- part of a community project
Explain Trade Unions It's an organisation made up of members and it's membership must be made up mainly of workers
What are the Trade Unions aim? To protect and advance the interests of its members in the workplace
What do Trade Unions assist with? Give advice for work related problems and provide legal advance for personal injury case
Explain Lawyer Run Schemes Citizens Advice Bureaux and Bar Pro Bono Unit
What is the Bar Pro Bono Unit? Volunteer Barristers who give free legal advice to those who cannot get Legal Aid and where necessary, will represent their clients in Court.
Where can you get advice in criminal cases? Duty Solicitors
Explain duty solicitors Anyone held as suspect at a Police Station has the right to free legal advice. The service is available 24/7 and is gov. funded. Advice is face-to-face or by telephone.
What are the 2 categories in funding? Private and Public
What is private funding? Those who can afford legal representatives
What is another way you can fund a court case? Insurance e.g. motor and home
Explain motor insurance They provide cover for help with legal fees arising from road insurance
Explain home insurance They provide cover for any legal claims on your home
What is meant by 'before the event' insurance? Policies purely for insurance against legal cost, it means when there is no known legal claim
When can Conditional Fee Agreements (CFA) be used? In all civil cases, except family cases
How do Conditional Fee Agreements (CFA) work? Solicitor and client agree a fee (will also include solicitor's success fee if he wins the case). If case is won, client has to pay normal fee plus success fee.
What happens if client loses their case from the CFA? Many CFAs work on the basis of 'no win no fee'- but some still charge a small fee even if they lose the case
What is the success fee? It's agreed by the solicitor nut, there's a 'cap' on personal injury cases which prevents the success fee to be more than 25% of the damages if the client wins
What is meant by 'after the event' insurance? This insurance will pay the other sides cost if he loses
What is meant by public funding? Where the funding is from the gov.
Is public funding for everyone? No, the gov. budget is a set amount each which means it won't be available to everyone
Is legal aid available in all civil cases? No if it involves children's rights and those involving the liberty of an individual
What do you have to pass to qualify for legal aid? Means test
Explain means test -A person applying for Legal Aid must show that they do not have enough money to pay for representation -Disposable income and capital are looked at -Those on income support and job seekers allowance automatically qualify
Explain disposable income -If gross income (before tax) is below set amount each month then disposable income considered next -If amount left is below min level, doesn't have to pay at all -If between min and max, then pay monthly contributions -If above;pay
Explain disposable capital -Refers to the assets -To qualify, can't be above £8,000 -If more, must fund own case. Even if below, may be asked to pay monthly contribution -If homeowner, value of home considered. Only first £100,000 of mortgage is deducted from value of home
How do you get legal representation for criminal cases? Pass 'Interest of Justice Test' and means test
When will the means test be different in criminal cases? If it's dealt with in Magistrates Court or Crown Court
What's the 'Interest of Justice Test'? Where the defendant must show that he comes under one of the following factors: -Case involves consideration -Individual likely to lose liberty/livelihood or suffer serious damage to reputation
What are the 2 court means test? Magistrates and Crown
Explain Magistrates Court Means Test -Strict means test -Stage 1: calculated on gross annual income. If too high D. doesn't qualify -Stage 2: calculate disposable income and if above, won't get legal aid (not everyone goes through this stage-only those in middle bracket)
Who automatically passes the Magistrates Court Means Test? Automatically pass are: those on income support, under 16 or under 18 but in full time education
Explain Crown Court Means Test -Easy to meet as no upper limit -But if earn more than £37,500 -If D. found guilty, may have to pay extra small contribution with assets -If found not guilty, any contributions made, will be given back (refunded)
Created by: jxkxx
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