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Access To Justice 3

Access To Justice 3






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    Access To Justice 3 Access To Justice 3 Presentation Transcript

    • Access to Justice 3
    • Starter
      Answer these questions:
      What is a quality mark?
      Name 2 matters which are excluded from the Community Legal Service Fund
      Who has priority for funding?
      What is CLS Direct?
      What is the difference between disposable income and disposable capital?
    • Conditional Fee Arrangements
      • First introduced in 1995
      • Under the Access to Justice Act 1999, CFA’s will replace legal aid completely in personal injury cases, apart from medical negligence
      So what is a CFA?
    • Conditional Fee Arrangements
    • Conditional Fee Arrangements
      Read the pages in your book and answer the questions:
      What is the difference between USA contingency fees and the UK’s CFAs?
      How do CFAs work?
      Under the 1999 Act if you are funded by CFA and win what will the loser now have to pay in addition to normal costs?
    • How conditional fees work
      The solicitor and client agree on the fee. The agreement also states what the solicitor’s “success fee” will be. This can be up to 100% of the normal fee.
      Calleryv Gray – Court of Appeal ruled that a 20% success fee was the maximum that the defendant would normally be ordered to pay in a modest and straightforward personal injury case.
    • Conditional Fee example
      You have been given an example of a conditional fee agreement.
      What would the outcome have been if they had been awarded £1,000?
      What is wrong with this?
    • Are they working?
      Since they were allowed CFAs have been used in 50,000 cases for personal injury.
      However, research in 1998 by Sheffield University found that:
      • poorest clients were not able to afford insurance premiums or disbursements
      • those with risky cases were likely to have to shop around to find a solicitor who would take the case
      • the amount of work needed to be done meant it was difficult to estimate the cost, and some cases had more than the 100% uplift fee
    • Are they working?
      A survey by the Law Society found that ¾ of 100 solicitors believed that CFAs were not working. There were worried over:
      • the number of challenges to the enforceability of the agreements
      • problems caused by front loading of costs which were then challenged on the basis of that they were out of proportion to the stage the case had reached
    • Advantages and Disadvantages
    • Criminal Defence Service
      Under s12 of the Access to Justice Act 1999, the Legal Services Commission was required to establish a Criminal Defence Service.
      It offers the following schemes:
      • Duty solicitor schemes
      • Advice and assistance
      • Representation
    • Criminal Defence Service
      Using your textbook describe the following:
      • Duty Solicitor
      • Public Defender
      • How funded is allocated under the CDS
      • The eligibility testing for CDS
    • Lord Carter’s recommendations
      Following a review of legal aid by Lord Carter, the Government published a consultation paper. This paper was then circulated to interested Departments and groups, for their views.
      The following slide was the result of this paper.
    • Lord Carter’s recommendations
      The aim of the report was to reduce spending by more than 20% over the next 4 years.
      • “best-value” tendering for legal aid contracts based on quality, capacity and price from 2009
      • fixed fees for solicitors carrying out legal aid work in police stations
      • revised graduated fees for Crown Court advocates – give barristers more for the 1 to 10 day case, but cut fees for longer cases
      • a new graduated fee scheme for Crown Court litigators to reward earlier preparation and resolution of cases
    • Advise the following people
      Ali has been charged with theft of a laptop computer from a shop. He works as an IT specialist and has no previous convictions
      Bernice has been left paralysed from the waist down after being hit by a car when she was standing at a bus stop
    • Exam Question
      You have 1 hour to write this assignment, using the plan given:
      Outline the role played by the Legal Service Commission [14]
      Consider the extent to which the AJA 1999 marks a radical break from the previous provision of legal aid [11]