Civil Legal Aid and Other Forms of Legal Advice
Civil Legal Aid
Civil legal aid is an important part of the justice system. It provides public funding to help individuals access legal advice and representation in certain civil disputes, particularly where they cannot afford to pay for legal services themselves.
Following the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), civil legal aid is only available for limited categories of civil cases. This means that a person may have a genuine legal dispute but may not necessarily be entitled to legal aid..
The Legal Aid Agency (LAA) administers the civil legal aid scheme and contracts with solicitors and legal organisations to provide publicly funded legal services. Unlike criminal legal aid, civil legal aid is limited to specific areas of law.
Areas Commonly Covered
Legal aid may be available for certain cases involving:
Domestic abuse
Child protection
Housing, particularly where a person is at risk of losing their home
Asylum
Certain discrimination claims
Areas Commonly Excluded
Legal aid is generally not available for:
Divorce, unless specific circumstances such as domestic abuse are involved
Employment disputes
Consumer disputes
Most personal injury claims
There are two main tests which must be passed:
1. The Means Test - This looks at the applicant's financial circumstances to determine whether they can afford to pay for legal advice and representation themselves.
2. The Merits Test - This considers whether it is appropriate for public funds to be used to support the case.
The Means Test
The purpose of the assessment is to establish whether the applicant has sufficient financial resources to pay for their own legal costs. The assessment can consider:
Income
Benefits
Household circumstances
Housing costs
Childcare costs
Other allowable expenses
Savings
Property and other capital
This means that eligibility is not based solely on a person's salary. Their wider financial circumstances can also be relevant.
The Merits Test
The fact that a person cannot afford a solicitor does not, by itself, mean that legal aid will be granted. The case must also satisfy the relevant merits requirements. The Merits Test considers whether providing legal aid is justified in the circumstances of the case.
The Legal Aid Agency can consider:
Whether the case has a reasonable chance of success
Whether legal aid is an appropriate use of public funds
Whether the likely benefits of the case justify the cost
The purpose of the Merits Test is to ensure that public funding is used appropriately. The importance of the case to the individual can therefore be relevant. For example, a case involving a person's home, family or immigration status may have significant consequences for that individual.
Other Forms of Legal Funding
Civil legal aid is not the only way that a person can obtain legal advice or representation. Where legal aid is unavailable, individuals may be able to use other forms of funding.
These can include:
Private funding
Conditional Fee Agreements
Before the Event and After the Event insurance
Trade union support
Citizens Advice
Law Centres
Pro bono services
Charitable organisations
The most appropriate form of funding will depend on the type of legal problem, the person's financial circumstances and whether the relevant organisation or funding arrangement covers the case.
Private Funding
Many people pay for legal advice and representation privately. This can be expensive. Private funding may involve paying for:
Solicitors' fees
Barristers' fees
Court fees
Expert witness fees
Conditional Fee Agreements (CFAs)
Conditional Fee Agreements are commonly known as "No Win, No Fee" agreements. Under a CFA:
The solicitor agrees not to charge their normal fee if the case is unsuccessful.
If the case is successful, the solicitor receives their fee together with a success fee.
CFAs are commonly used in cases such as:
Personal injury claims
Clinical negligence claims
However, a CFA does not necessarily mean that a claimant will pay nothing if they lose. There may be other costs or financial risks depending on the circumstances of the case and the terms of the agreement.
Before the Event (BTE) Insurance
Before the Event insurance is legal expenses cover purchased before a dispute arises. It can sometimes be included as part of:
Home insurance
Motor insurance
Travel insurance
If a dispute occurs and the circumstances fall within the policy, the insurer may fund some or all of the legal costs of the claim.
After the Event (ATE) Insurance
After the Event insurance is purchased after a legal dispute has already arisen. ATE insurance can provide protection against certain legal costs if a case is unsuccessful. It can be used to help protect against the risk of having to pay the other side's legal costs, depending on the terms of the policy. ATE insurance is commonly used alongside
Conditional Fee Agreements.
Trade Unions
Trade unions can provide legal assistance to their members. Depending on the union and the circumstances of the case, support may include:
Free legal advice
Legal representation
Funding for employment disputes
Personal injury representation
Citizens Advice
Citizens Advice is an independent charity that provides free information and practical advice on a wide range of issues. This can include:
Housing
Debt
Employment
Consumer law
Benefits
Citizens Advice does not normally provide court representation.
Law Centres
Law Centres are independent organisations that provide free legal advice, representation and specialist support. They often assist people who are vulnerable or unable to afford private legal services. Common areas of work can include:
Housing
Immigration
Employment
Welfare benefits
Pro Bono Work
Pro bono means legal work carried out free of charge. Solicitors, barristers and law firms may undertake pro bono work to help people who cannot afford legal services. Pro bono assistance can be particularly important for individuals who do not qualify for legal aid but are also unable to pay privately.
The availability of pro bono assistance can depend on the type of case, the person's circumstances and whether a suitable organisation or lawyer is able to take on the matter.
Charities
Some charities provide specialist legal advice and support to individuals experiencing particular problems. Charities may assist in areas such as:
Domestic abuse
Immigration
Disability rights
Children's rights.
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