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Access To Justice, equality before the law., This means that guilt or…
Access To Justice
Background
One of the most central beliefs of the English legal system, is the idea that there must be
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Charitable Organizations
-Provide specifically tailored advice,
Helplines
-Offer free impartial advice,
Citizens Advice Bureau
-Town centre based legal advice,
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Private Funding
-Citizens must pay for own legal services,
Insurance
It is not uncommon for people to take out insurance to pay for court costs in civil cases, and,
Conditional Fee Agreements (CFAS):
-Introduced as an alternative way to privately fund a civil case,
-Client only pays the solicitor’s fees if they win and pays nothing, if they lose.
Methods of CFAS:
-Agreement is struck between client and solicitor,
Public Funding:
-Legal Aid Agency was created by the Legal Aid, Sentencing and Punishment of
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Advantages of CFAS:
-Offer a further alternative to private funding
-No upfront payment, or in advance to begin case action.
-Insurance can be taken out to compensate for any losses.
-Deductions for costs are set at 25%.
-Remove anxiety of paying huge costs.
Disadvantages of CFAS:
-Encourages ‘cherry picking’
-May use dubious tactics to ensure a win at all cost.
-Solicitors generally insist on insurance being taken out.
-Solicitors may charge higher fee, to cover risks
-Court costs may still need to be paid, that aren’t covered by the agreement.
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This must be irrespective of a person’s status or wealth, and therefore an inability to pay for
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-Free advice, online access, and face to face appointments.
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- A real life example is Haben
Girma, she is the world’s first
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ACAS (Advisory, Conciliation and Arbitration Service):
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-Provides general legal advice in over 3,500 locations,
-Offers online assistance,
-Telephone appointments can be made from home, or in the CAB,
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-Helps with negotiating agreements with employers on pay and conditions,
-Discussing members’ concerns with employers,
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-Must use own resources to pay for legal fees,
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in some situations, in anticipation of criminal cases.
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-Any costs are paid from the compensation received if they win, along with a
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-Until 2013, the success fee could be recovered from the losing party,
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-The agency runs the legal aid scheme in England and Wales,
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-Ensures services from solicitors, barristers and non profit sectors are available
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-It funds the Civil Legal Advice Service,
-Publishes evidence about funding decisions,
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-Covers civil law matters, such as;
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-Provides free and confidential advice,
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-Provides a range of services within the criminal defence market,
-Free, full representation of defendants, from police station through to court proceeding,
-Free advice and assistance when a person is arrested,
-Advocacy service with access to 25 advocates, including 7 QC’s.
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-Fundamental right, as part of welfare.
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