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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 ,[object Object]
 Under the Access to Justice Act 1999, CFA’s will replace legal aid completely in personal injury cases, apart from medical negligenceSo what is a CFA?
Conditional Fee Arrangements http://www.youtube.com/watch?v=vxBdao6b28U
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: ,[object Object]
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,[object Object]
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,[object Object]
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: ,[object Object]
Advice and assistance
Representation,[object Object]
 Public Defender

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Access to Justice ReformsThe Legal Services Commission (LSC) plays a central role in the administration of legal aid following the Access to Justice Act 1999 (AJA 1999). The LSC was established by the act as an independent, non-departmental public body responsible for the distribution of public funds for legal services in England and Wales. The LSC determines eligibility for legal aid and oversees the contracting of legal aid providers such as solicitors firms and barristers chambers. It allocates funding based on applications submitted and monitors expenditure. The LSC aims to ensure value for money from legal aid budgets while maintaining access to justice. It

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  • 4. Under the Access to Justice Act 1999, CFA’s will replace legal aid completely in personal injury cases, apart from medical negligenceSo what is a CFA?
  • 5. Conditional Fee Arrangements http://www.youtube.com/watch?v=vxBdao6b28U
  • 6. 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?
  • 7. 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.
  • 8. 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?
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  • 10. those with risky cases were likely to have to shop around to find a solicitor who would take the case
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  • 17. How funded is allocated under the CDS
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  • 20. fixed fees for solicitors carrying out legal aid work in police stations
  • 21. revised graduated fees for Crown Court advocates – give barristers more for the 1 to 10 day case, but cut fees for longer cases
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  • 23. 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]