9. Funding Access to the English Legal System

2017 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Legal System ◽  
Public Funding ◽  
Legal Services ◽  
Legal Aid ◽  
Private Funding ◽  
Essential Information ◽  
System P ◽  
Pro Bono ◽  
The Government ◽  
The Individual

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter addresses funding access to the English legal system. Funding legal services may be provided publicly or privately. Public funding relates to funding available from the state, whereas private funding specifically refers to the assets and monetary resources available to that specific individual. Only certain individuals are entitled to benefit from public funding, whilst all persons can, in theory, privately fund legal services. Moreover, legal aid — meaning state-funded assistance in legal matters — is available in both criminal and civil cases but is restricted to narrow circumstances and types of cases. The availability of legal aid depends on several tests set by the government. Where legal aid is not available and the individual cannot privately fund their case, pro bono institutions may be available to provide advice.

9. Funding Access to the English Legal System

2020 ◽  
pp. 254-266
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Legal System ◽  
Public Funding ◽  
Legal Services ◽  
Legal Aid ◽  
Private Funding ◽  
Essential Information ◽  
System P ◽  
Pro Bono ◽  
The Government ◽  
The Individual

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter addresses funding access to the English legal system. Funding legal services may be provided publicly or privately. Public funding relates to funding available from the state, whereas private funding specifically refers to the assets and monetary resources available to that specific individual. Only certain individuals are entitled to benefit from public funding, whilst all persons can, in theory, privately fund legal services. Moreover, legal aid—meaning state-funded assistance in legal matters—is available in both criminal and civil cases but is restricted to narrow circumstances and types of cases. The availability of legal aid depends on several tests set by the government. Where legal aid is not available and the individual cannot privately fund their case, pro bono institutions may be available to provide advice.

scholarly journals MEMBANGUN AKUNTABILITAS ORGANISASI BANTUAN HUKUM

2013 ◽  
Vol 2 (1) ◽  
pp. 107
Author(s):  
Mosgan Situmorang
Keyword(s):  
Secondary Data ◽  
The State ◽  
Legal Services ◽  
Not Given ◽  
Legal Aid ◽  
State Budget ◽  
The Public ◽  
Primary Material ◽  
The Government ◽  
Secondary Materials

<p>Dalam Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum dikatakan bahwa pemberi bantuan hukum adalah lembaga bantuan hukum atau organisasi kemasyarakatan yang memberi layanan bantuan hukum. Jasa hukum yang diberikan kepada penerima bantuan hukum adalah cuma-cuma, dalam ar Ɵ mereka Ɵ dak mendapat upah dari pihak yang dibantunya, namun pemerintah akan memberikan dana bantuan untuk se Ɵ ap kasus yang ditangani yang besarnya disesuaikan dengan jenis kasusnya. Dana bantuan tersebut memang Ɵ dak akan diberikan kepada semua organisasi bantuan hukum, tetapi hanya kepada organisasi bantuan hukum yang sudah memenuhi syarat sesuai dengan Undang-Undang Bantuan Hukum. Karena dana tersebut berasal dari Anggaran Pendapatan dan Belanja Negara, maka tentu saja akuntabilitas organisasi bantuan hukum yang menerima dana tersebut harus dapat dipertanggung jawaban kepada masyarakat. Tulisan ini adalah berupa kajian norma Ɵ f, dengan demikian data yang digunakan adalah data sekunder berupa bahan primer yakni peraturan perundang undangan, utamanya Undang-Undang Nomor 16 Tahun 2011 dan undang- undang lain yang terkait serta bahan sekunder berupa bahan kepustakaan dan data dari internet. Dalam peneli Ɵ an ini disimpulkan bahwa Undang- Undang Bantuan Hukum sudah dapat mengan Ɵ sipasi perlunya akuntabilitas organisasi bantuan hukum tapi masih perlu di Ɵ ngkatkan dengan cara membuat aturan-aturan yang mendukung terciptanya akuntabilitas tersebut terutama peraturan mengenai standar bantuan hukum.</p><p>In Law No. 16 Year 2011 regarding Legal Aid, stated that legal aid provider is a legal aid organiza Ɵ on or community organiza Ɵ ons that provide legal aid services. Legal services provided by the legal aid organiza Ɵ on is free in the sense that they do not get paid from those who helped. However, the government will provide fi nancial assistance for each case handled that amount is in accordance with the type of case. The grant is not given to all legal aid organiza Ɵ ons but only to a legal aid organiza Ɵ on that has been quali fi ed in accordance with the Legal Aid Act. Because these funds come from the state budget of course accountability of legal aid organiza Ɵ ons receiving funds must be able to be an answer to the public. This paper is a norma Ɵ ve review, thus the data used are secondary data from the primary material i.e laws and regula Ɵ ons, especially Law No. 16 of 2011 and other laws related and secondary materials in the form of the literature and data from the internet.This study concluded that the Legal Aid Act was able to an Ɵ cipate the need for accountability of legal aid organiza Ɵ ons but it is need to be improved by making rules that favor the crea Ɵ on of accountability mainly standard rules regarding legal aid.</p>

1. The English legal system

2019 ◽  
pp. 1-14
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Legal System ◽  
Essential Information ◽  
System P ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact ◽  
Commercial Relationships ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the English legal system. It provides an overview of the courts in the civil and criminal divisions, and their hierarchy. It discusses the source of law, delegated legislation, the impact of membership in the EU and the Human Rights Act 1998, and alternative forms of dispute resolution (ADR). The implications of ADR are increasingly important in civil disputes and essential between businesses where traditional court action can destroy commercial relationships.

9. The Individual and the International Legal System

2018 ◽  
Author(s):  
Robert McCorquodale
Keyword(s):  
International Law ◽  
Legal System ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
System P ◽  
International Economic Law ◽  
Wide Range ◽  
International Legal System ◽  
The Individual ◽  
Degree Of Participation

This chapter examines the role of the individual in the international legal system. It considers the direct rights and responsibilities of individuals under the international legal system; their capacity to bring international claims; and their ability to participate in the creation, development, and enforcement of international law. Particular examples from a wide range of areas of international law, including international human rights law, international criminal law, and international economic law, are used to illustrate the conceptual and practical participation of individuals in the international legal system. It is argued that individuals are participants in that system, and are not solely objects that are subject to States’ consent, though their degree of participation varies depending on the changing nature of the international legal system.

scholarly journals Corporate Support for Legal Services

Daedalus ◽  
2019 ◽  
Vol 148 (1) ◽  
pp. 136-139
Author(s):  
Jo-Ann Wallace
Keyword(s):  
Large Firm ◽  
Law Firms ◽  
Legal Services ◽  
Private Law ◽  
Legal Aid ◽  
Business Experience ◽  
Pro Bono ◽  
Corporate Support ◽  
Corporate Lawyers ◽  
The Impact

The gap in pro bono legal services provided by corporate legal departments and large private law firms is not surprising: The formalization of pro bono work by large firms has been underway on a significant scale for far longer than it has within corporations. This process has made large firm pro bono efforts more efficient and effective through improved practices. It has also led firm leaders and lawyers generally to expect more volunteerism of this sort. Companies that apply their resources, business experience, or other assets have successfully expanded the impact of their pro bono hours. Because of the scale of this need, and because legal-services lawyers have specialized expertise that corporate lawyers can't easily replicate, corporate pro bono efforts will not, on their own, close the justice gap. But these efforts have the potential to contribute significantly more to the ability of legal-aid organizations to serve their clients, and to help close this gap.

The Circulation of Value in Civil Society and the State

Hegel's Value ◽  
2021 ◽  
pp. 222-275
Author(s):  
Dean Moyar
Keyword(s):  
Civil Society ◽  
Living Organism ◽  
The State ◽  
Executive Power ◽  
System P ◽  
Full Structure ◽  
The Government ◽  
The Individual ◽  
The Right

This chapter utilizes the structure of life and valid inference to analyze the internal structure of Civil Society and the State as well as the relationship between the two institutional spheres. The chapter unpacks the passage from the Logic in which Hegel describes the State as a totality of inferences with the three terms of individuals, their needs, and the government. It is shown that the “system of needs” itself forms a quasi-living institutional system of estates centered on the division of labor. This system’s inadequacy motivates the role of the “police” and corporation as ethical agencies, forms of the Good, within Civil Society. While the move to the State overcomes the individualism of “needs,” the right of the individual remains in the dynamics of “settling one’s own account” in receiving from the State a return on one’s duty to the State. Hegel treats the State proper as a constitution consisting of three powers of government that form a totality of inferential relations that has the full structure of a living organism. The executive power is examined in detail as the particularizing element in the system.

Referral fees – the business of access to justice

Legal Studies ◽  
2012 ◽  
Vol 32 (1) ◽  
pp. 109-131 ◽  
Author(s):  
Andrew Higgins
Keyword(s):  
Justice System ◽  
Public Funding ◽  
Legal Rights ◽  
Access To Justice ◽  
Legal Services ◽  
Civil Justice ◽  
Better Regulation ◽  
The Government ◽  
The Right ◽  
Civil Justice System

The paper examines the controversial issue of referral fees for personal injury claims. It looks at the function of referral fees in the civil justice system, their relationship to the guarantees of access to court and the right to seek legal assistance in ECHR Art 6, and the debate about promoting access to justice or a litigious society. It examines the experience of the referral fees market in England and Wales, where the costs of referrals have risen dramatically and there is concern that referrers are auctioning their customers to the highest bidder rather than helping them find competent lawyers. Sir Rupert Jackson recommended banning referral fees in his report on the costs of civil litigation, and the Government has announced it will implement this recommendation. The paper considers the potential effects of a ban on competition in the legal services market and its compatibility with UK and EU competition law. The paper argues that a combination of better regulation of the industry and proper regulation of costs rules is a better and more proportionate way of controlling legal costs and the quality of legal services than an outright ban. While referral fees have not delivered all the benefits one would expect from a for-profit independent referrals service, they can help people obtain information about their legal rights, and competent lawyers to enforce them. This service is particularly valuable given that the state has substantially cut public funding of the civil justice system in recent years.

The English Legal System

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Legal Services ◽  
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, the legal professions, and funding legal services. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution. The final part looks to the future.

The Legal Profession

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Legal System ◽  
Code Of Conduct ◽  
Legal Profession ◽  
Legal Services ◽  
Legal Systems ◽  
Legal Aid ◽  
Legal Professional

This chapter covers the various types of legal professional who operate within the Indonesian legal system, performing different functions. ‘Advocates’ are perhaps the most important, providing legal services, both inside and outside court. They have various rights and obligations and are subject to a code of conduct, discussed in this chapter. However, the profession is deeply divided, with two main bar associations fighting for pre-eminence. Also vital to the operation of Indonesia’s legal systems are notaries, who formalize important documents, and land conveyance officials, who draw up conveyancing documents. This chapter also discusses paralegals and the legal aid movement, as well as the restrictions and conditions placed on non-Indonesian lawyers operating in Indonesia.

Institutional Determinants for Representation of Indigent Defendants: Evidence from Russia

2021 ◽  
Vol 46 (2) ◽  
pp. 265-295
Author(s):  
Anton Kazun
Keyword(s):  
Social Capital ◽  
Professional Community ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Proceedings ◽  
Institutional Determinants ◽  
Criminal Defense ◽  
Pro Bono ◽  
The Government ◽  
High Level

Abstract Little is known about the motives of lawyers who provide free legal assistance in countries that lack both a developed professional community and developed institutions related to the rule of law. Based on a survey of 3,317 criminal defense lawyers (advokaty) in 35 regions of Russia, we analyze the provision of two types of free legal services: participation in legal proceedings “on appointment” (po naznacheniyu) and the provision of pro bono legal assistance. We show that work on appointment usually involves lawyers with low social capital and a lack of regular clients. In contrast, pro bono legal assistance is encouraged by lawyers’ organizations. It is typically provided by professionals with a high level of social capital and with values aimed at maintaining an excellent professional reputation. We conclude that the provision of free legal services might best be stimulated within the professional community rather than by the government.

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