16. Funding Civil Litigation

2019 ◽  
pp. 557-584
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
Civil Litigation ◽  
Access To Justice ◽  
Legal Aid ◽  
Eligibility Criteria ◽  
Legal Advice ◽  
Alternative Funding ◽  
Key Issues

This chapter examines the key issues surrounding the funding of civil litigation and how this impacts upon access to justice. It begins with a discussion of the concept of legal aid before moving on to consider the reforms introduced under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, where legal aid has been withdrawn from significant forms of civil litigation and the eligibility criteria for legal aid altered. The roles of alternative funding arrangements and non-legal organizations operating in the provision of legal advice are also explored.

11. Access to the Law

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Human Rights ◽  
Civil Litigation ◽  
Access To Justice ◽  
Legal Aid ◽  
Political Issue ◽  
Legal Advice ◽  
Alternative Funding ◽  
Key Issues ◽  
The Law ◽  
Public Money

This chapter examines the key issues surrounding the funding of litigation and how this impacts upon access to justice. It begins with a discussion of the concept of legal aid. It then covers the administration of legal aid; civil legal aid; criminal legal aid; legal aid and human rights; and alternative funding arrangements. Legal aid has become an increasingly political issue with many politicians believing that public money should not be spent on lawyers. The latest change in legal aid includes the fact that legal aid is withdrawn from significant forms of civil litigation. Non-legal organizations also operate in the provision of legal advice, including universities through the provision of law clinics.

11. Access to justice

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
Public Funding ◽  
Access To Justice ◽  
Legal Aid ◽  
Criminal Cases ◽  
Basic Principles ◽  
Legal Representation ◽  
Legal Advice

This chapter addresses the issues and arguments surrounding access to justice. The chapter considers the recent changes and proposed changes to legal aid provision. There is an outline of the basic principles relating to public funding in both civil and criminal cases. Different methods of funding civil legal representation are discussed including CFAs and DBAs. Organisations involved in giving legal advice include Citizens’ Advice Bureaux and law centres are also included in the discussion about the availability of legal advice.

The English Legal System

2019 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Civil Litigation ◽  
Access To Justice ◽  
Legal Aid ◽  
Police Powers ◽  
System P ◽  
Civil Justice System

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, and the legal professions. Part III examines the criminal justice system. It begins by looking at police powers and the decision to charge and prosecute a suspect. It describes issues related to lay justice, trials, and criminal appeals, including access to justice and legal aid. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution, as well as the funding of civil litigation. The final part looks to the future.

11. Funding Access to Justice

2021 ◽  
pp. 371-414
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
Civil Litigation ◽  
Third Party ◽  
Access To Justice ◽  
Legal Aid ◽  
Criminal Courts ◽  
Real Possibility ◽  
Before And After ◽  
Alternative Sources ◽  
Party Funding

This chapter examines how litigation is funded. It considers the growth, and eventual decline, in legal aid, and how alternative sources of funding have begun to be used. The chapter considers both criminal and civil litigation. It notes how there is an increase in defendants-in-person before the criminal courts because of restrictions in legal aid. It questions whether this is appropriate, particularly where the loss of liberty is a real possibility. The chapter also considers how civil litigation is now funded. This includes how ‘no win, no fee’ arrangements were at first encouraged, but then subject to restrictions because it was felt the balance of risk vs. gain was inappropriate. The chapter charts the growth of before and after-the-event insurance, and the increase in third-party funding where the litigation is for large sums of money.

scholarly journals “Knowledge is power. Information is liberating. Education is the premise of progress, in every society, in every family.” ¹

2017 ◽  
Vol 1 (1) ◽  
pp. 104
Author(s):  
Sarah Morse
Keyword(s):  
United Nations ◽  
Press Release ◽  
Access To Justice ◽  
Legal Aid ◽  
England And Wales ◽  
Legal Advice ◽  
Family Housing ◽  
The Guardian ◽  
Liberating Education ◽  
Kofi Annan

<p>In recent years, in England and Wales, we have seen an increasing number of challenges to access to justice.  Most notably, was the passing of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which significantly restricted the availability of legal aid to individuals across all areas of law including family, housing and employment as well as contributing to the closure of legal advice centres due to the resulting loss of income<a title="" href="file:///X:/Academic%20Library%20Services/Research%20Support%20Team/Scholarly%20Publications/OJS/International%20Journal%20of%20Public%20Legal%20Education/08%20Sarah%20Morse%20final.docx#_ftn1">[2</a><a title="" href="file:///X:/Academic%20Library%20Services/Research%20Support%20Team/Scholarly%20Publications/OJS/International%20Journal%20of%20Public%20Legal%20Education/08%20Sarah%20Morse%20final.docx#_ftn1">]</a>.</p><div><br clear="all" /><hr align="left" size="1" width="33%" /><div><p>[1] Kofi Annan, United Nations Press Release SG/SM/6268 23 June 1997</p><p>[2] Owen Bowcott, (2013) The Guardian available at <a href="https://www.theguardian.com/law/2013/mar/11/legal-aid-cuts-shelter-offices">https://www.theguardian.com/law/2013/mar/11/legal-aid-cuts-shelter-offices</a> (Accessed: 25 September 2017)</p></div></div>

scholarly journals Improving Access To Justice Through Legal Aid: Exploring The Possibilities Of ‘Exceptional Case Funding’ Clinics In University Law Schools

2021 ◽  
Vol 28 (1) ◽  
pp. 68-110
Author(s):  
Emma Marshall
Keyword(s):  
Legal Education ◽  
Safety Net ◽  
Exceptional Case ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
Law Schools ◽  
Legal Advice ◽  
British State

This article focuses on the role of universities in establishing law clinics to assist individuals to make Exceptional Case Funding (ECF) applications. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) removed many categories of civil matters from the scope of legal aid, reducing the number of people entitled to state-funded legal advice and assistance. To replace provision for the categories removed from scope, LASPO introduced ECF to provide a ‘safety net’ for cases where human rights would be breached if legal assistance was not available. To obtain legal aid through the ECF scheme, legal aid providers or individuals must apply to the Legal Aid Agency, the department of government within the Ministry of Justice that deals with the administration of legal aid. The article considers how analysis of ECF clinics can contribute to knowledge about the work of universities in facilitating access to justice through clinical legal education, particularly in the context of cuts to legal aid expenditure. It argues that ECF clinics present an opportunity to involve students while engaging — rather than replacing — the responsibility of the British state to provide legal aid.

11. Access to justice

2020 ◽  
pp. 417-441
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
Public Funding ◽  
Access To Justice ◽  
Legal Aid ◽  
Criminal Cases ◽  
Basic Principles ◽  
Legal Representation ◽  
England And Wales ◽  
Legal Advice ◽  
Pro Bono

This chapter addresses the issues and arguments surrounding access to justice. The chapter considers the recent reforms and proposed changes to legal aid provision. There is an outline of the basic principles relating to public funding in both civil and criminal cases. Different methods of funding civil legal representation are discussed including CFAs and DBAs. Organisations involved in giving legal advice on a pro bono basis, including Citizens Advice Bureaux and law centres, are also included. in the discussion about the availability of legal advice. The chapter aims to stimulate thought about the idea of access to justice and whether such access is fair and open to all in England and Wales.

scholarly journals Standards of Proof and Civil Litigation: A Game-Theoretic Analysis

2018 ◽  
Vol 19 (1) ◽  
Author(s):  
Alice Guerra ◽  
Barbara Luppi ◽  
Francesco Parisi
Keyword(s):  
Critical Role ◽  
Policy Instrument ◽  
Civil Litigation ◽  
Access To Justice ◽  
Standard Of Proof ◽  
Game Theoretic Analysis ◽  
Standards Of Proof ◽  
Game Theoretic ◽  
Truth Finding ◽  
Selection Of

AbstractIn litigation models, the parties’ probability to succeed in a lawsuit hinge upon the merits of the parties’ claims and their litigation efforts. In this paper we extend this framework to consider an important procedural aspect of the legal system: the standard of proof. We recast the conventional litigation model to consider how alternative standards of proof affect litigation choices. We analyze the interrelation between different standards of proof, the effectiveness of the parties’ efforts, and the merits of the case. We study how these factors jointly affect the parties’ litigation expenditures, the selection of cases brought to the courts, pretrial bargain solutions and preemptive strategies. Our results show that standards of proof are not only instrumental to balancing the competing goals of access to justice and judicial truth-finding, but they also play a critical role in affecting parties’ litigation investments and settlement choices, and in sorting the mix of cases that will actually be filed and defended in courts. The understanding of the sorting effect of standards of proof sheds light on their role as a policy instrument in civil litigation.

Sign in / Sign up

Export Citation Format

Share Document