Preview

Conditional fee arrangements for legal aid

Powerful Essays
Open Document
Open Document
1925 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Conditional fee arrangements for legal aid
-------------------------------------------------

-------------------------------------------------

-------------------------------------------------

-------------------------------------------------

-------------------------------------------------

University of London
Essay:
Analyse the advantages and disadvantages of conditional fee arrangements for legal aid.

3. Analyse the advantages and disadvantages of conditional fee arrangements for legal aid.
Conditional fee arrangements (CFAs) are the most important ways of access to justice in legal aid system. The legal aid also called public funding was introduced after World War II to enable people who could not have access to justice such as affording the services of lawyers, solicitors or legal representative to be provided with those services by the State. One of the essential ways of access to justice to people is via CFA. The latter are mostly increasing in terms of funding and it has become popular in England and Wales. The importance of CFAs are seen under S 58 of Court and Legal Services Act (CLSA)1990 where it provides the Lord Chancellor to introduce CFA system in personal injury, insolvency and human rights cases but it cannot apply for criminal cases, family cases and those involving children under S 58(10) of CLSA 1990. For family, housing and social welfare cases are funded by the Community Legal Service. If claimants fall outside the Community Legal Services fund and Criminal Defence Services, claimants will be automatically fall under the CFA. However, there are some favorable benefits and also some detriments of the conditional fee agreements.
CFA is an agreement between solicitors that is drawn up when the client wishes to make a claim. The CFA was first introduced in 1989 by Lord Chancellor on an entire Green Paper which sought opinion on the funding of litigation. The litigation is funded by the claimant only. Furthermore, if the claimant wins his/her case, the lawyer fees


Bibliography: * The English Legal System (Slapper & Kelly- Eighth Edition) * The Politics of the Common Law (Adam Gearey, Wayne Morrison & Robert Jago) * Lord Chancellor’s Department Consultation, Access to Justice with Conditional Fees March 1998. * Articles on NO WIN NO FEE arrangements, http://www.articlesbase.com/law-articles/no-win-no-fee-agreements-how-do-they-work-1889987.html * The English Legal System – 3rd Edition by Jacqueline Martin AS Law – Elliot and QuinnShort-listed essays – James Faulkner (AS Law http://www.peterjepson.com/law/HughesLAS-4.htm * http://www.justice.gov.uk/consultations/docs/legal-aid-refocusing-final-response-web.pdf
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Detailed Review and Analysis of the Legal Situation Considering Paslay, Bryan and Brooks, Barristers and Solicitors
    • 1123 Words
    • 4 Pages

    Detailed Review and Analysis of the Legal Situation Considering Paslay, Bryan and Brooks, Barristers and Solicitors

    Memorandum and Objective: The purpose of the memorandum is to provide a detailed review and analysis of the legal situation considering “Paslay, Bryan & Brooks, Barristers & Solicitors**” and…

    • 1123 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    Assignment I- Case Brief: McCarty v. Pheasant Run , Inc.
    • 1086 Words
    • 5 Pages

    Assignment I- Case Brief: McCarty v. Pheasant Run , Inc.

    3-Schubert, F. A. (2012). Introduction to law and the legal system. Mason, Ohio: Cengage Learning.…

    • 1086 Words
    • 5 Pages
    Better Essays
    Read More
  • Good Essays

    Law 531 Week 2 Threats
    • 1367 Words
    • 6 Pages

    Law 531 Week 2 Threats

    The counsel helping the victim what is the maximum benefit come from his case. He advice the victim if this settlement will be reasonable or he pursues litigation. Counsel give advise for the victim about his right by the law. Without counsel the victim can avoid many benefit about his case the law give the…

    • 1367 Words
    • 6 Pages
    Good Essays
    Read More
  • Powerful Essays

    TMA 1 W200
    • 1435 Words
    • 4 Pages

    TMA 1 W200

    There are four main sources of law in England and Wales are legislation, judge-made law and European Union (EU) law and human rights law. This essay will look at the difference sources of English law (as highlighted above) and explain the relative importance of each source with particular reference to case law, and conclude whether the view articulated by your friend is correct.…

    • 1435 Words
    • 4 Pages
    Powerful Essays
    Read More
  • Good Essays

    Why Do We Need Lawsuit Funding?
    • 444 Words
    • 2 Pages

    Why Do We Need Lawsuit Funding?

    Suffering a personal injury or a devastating accident can place the victim in severe financial hardship. Many victims attempt to recover financial compensation for the injury through legal channels. The problem is that financial bills and obligations do not go on hold while a plaintiff’s case makes its way through the legal system. Lawsuit funding is designed to help alleviate the financial stress and burden for the plaintiff. Lawsuit funding provides emergency funds for the plaintiff.…

    • 444 Words
    • 2 Pages
    Good Essays
    Read More
  • Powerful Essays

    Etma01
    • 1654 Words
    • 7 Pages

    Etma01

    Houston [1996] S.C.L.R. 943 Reading 3, W150 An Introductory to law in contemporary Scotland, Milton Keynes, The open University.…

    • 1654 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Better Essays

    The Advantages and Disadvantages of Conditional Fee Arrangements for Legal Aid
    • 2700 Words
    • 11 Pages

    The Advantages and Disadvantages of Conditional Fee Arrangements for Legal Aid

    The conditional fee arrangement was introduced by the Access to Justice Act (AJA) 1999, as an attempt to transfer legal funding from the treasury to the private sector. This occurred as a result of an increasing and ridiculous growth in the cost of legal aid, namely from a few hundred million to well over 2.1 billion pounds from the 1980s to 2000. Moreover, it was not because demand was growing. Rather, number of cases relying on legal aid had decreased. Due to the need to control budget, Conditional fee arrangements are used to fund many civil cases which legal aid now excludes, and the issues brought about by conditional fee arrangements have been debated over the last decade. The conditional fee arrangements are sometime known as ‘no win, no fee’ agreements, which are not used for family or criminal matters, but can be used in many types of civil action. The no win no fee concept was first introduced in the UK under the Solicitors Conditional Fee Agreements act in 1995. The primary reason for the no win no fee system was to make sure that individuals who did not qualify for legal aid could still make personal injury claims, regardless of their personal situation. Section 58 of the Courts and legal Services Act (CLSA) 1990 permitted the Lord Chancellor to introduce conditional fee arrangements. By 2000 legal aid was actually abolished for personal injury claims, resulting in the no win no fee personal injury claim system being the normal system that most claims work under. The beauty of the policy is that if you do not win your case, you are not required to pay any sort of fees to your no win no fee solicitor. Instead, the insurance will cover any costs and expenses of all parties involved, including your no win no fee lawyer. This allows you the safety and security of knowing that even if you are someone who is financially struggling, you still have the right to make a claim, and you will not have to pay if you for some reason lose your case. If you happen to…

    • 2700 Words
    • 11 Pages
    Better Essays
    Read More
  • Good Essays

    Pre Lawsuit Settlement Case Study
    • 580 Words
    • 3 Pages

    Pre Lawsuit Settlement Case Study

    The advance is taking into account what the financing organization accepts the lawsuit settlement funding will be and if the case is lost in court, the non-response procurement implies there will be no compelling reason to pay it back. They construct their assessment with respect to their conclusion of how the case will go in court. This puts the onus on them, on the off chance that they are mixed up, there is no money related weight set on you for reimbursement.…

    • 580 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Effectiveness of the Criminal Trial Process as a Means of Achieving Justice
    • 971 Words
    • 4 Pages

    Effectiveness of the Criminal Trial Process as a Means of Achieving Justice

    There is often unfair advantages in the trial process as not all members of society have the same access to legal representatives or availability of legal aid. Legal aid is a great way for the accused to gain access to the law, however depending on the funding of the government, resource efficiency could be affected. The criminal justice system is based on an adversarial system of the law and while supporters of this system say it’s fair because both sides have the opportunity to present their case, the outcome is based on the strongest case presented. However, the effectiveness of this process in providing just outcomes is compromised, as in many cases the competing sides are not equal before the law, with potential imbalances in resources, skills or knowledge. Not everyone has the finances to seek proper legal representation, which can result to injustice in the courtroom or during the criminal trial process. As a result in 1979, the Legal Aid Commission was established by the state government. It was created to give access to proper legal representation for marginalised and disadvantaged groups, and to have equitable access before the law for all groups of society. Dietrich v The Queen 1992 in the High Court established the right to a fair trial in consideration to the accused not being able to afford legal representation.…

    • 971 Words
    • 4 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Notes
    • 1200 Words
    • 5 Pages

    Notes

    Many of us have benefited from the work of previous law students. As more and more law notes become available on the web, I hope this will make it easier for current students to find good notes, and for past students to share them. If you feel you have something to give back please upload your notes here - even if it's only notes for one subject, or someone else's notes you've updated.…

    • 1200 Words
    • 5 Pages
    Satisfactory Essays
    Read More
  • Powerful Essays

    Court Report
    • 1871 Words
    • 8 Pages

    Court Report

    [ 2 ]. Doreen J. McBarnet, Conviction: Law, the State, and the Construction of Justice, London, The Macmillan Press Ltd, 1981.…

    • 1871 Words
    • 8 Pages
    Powerful Essays
    Read More
  • Good Essays

    Criminal Law-Involuntary Manslaughter .
    • 6531 Words
    • 27 Pages

    Criminal Law-Involuntary Manslaughter .

    There is no offence of ‘homicide’ as such. A person cannot be charged with or convicted of ‘homicide’. Homicide (Latin: homicidium, Latin: homo human being + Latin: caedere to cut, kill) means the killing of a human being [Irving, Shae, ed (2009) and may be lawful – where, for example, fatal force was necessary to defend oneself. The two most important offences of unlawful homicide are murder and manslaughter. Although both are common law offences, elements of murder and manslaughter have been modified by Acts of Parliament and the penalties for each are statutory.…

    • 6531 Words
    • 27 Pages
    Good Essays
    Read More
  • Good Essays

    Legal Funding
    • 557 Words
    • 3 Pages

    Legal Funding

    The access to Justice Act 1999 consists of two schemes which are: the community legal service which deals with civil legal funding and the criminal defence service which deals criminal legal funding.…

    • 557 Words
    • 3 Pages
    Good Essays
    Read More
  • Powerful Essays

    Clinical Negligence Claims
    • 1552 Words
    • 7 Pages

    Clinical Negligence Claims

    Law firms are usually hesitant to take on clinical negligence cases as they would incur very large pre-action costs before the likelihood of the success of the claim can even be determined. Therefore, many claimants are usually unable to make an SFA with a solicitor, especially if the claim is of low value. Therefore, many claimants are unable to purse their claim and have no access to…

    • 1552 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Good Essays

    business unit 3 M1
    • 485 Words
    • 2 Pages

    business unit 3 M1

    Compare and contrast the role and function of judges, lawyers and lay people in the English legal system.…

    • 485 Words
    • 2 Pages
    Good Essays
    Read More

Related Topics