Access to justice

Dr. Stella Mala Irakleous

 Agenda
the issues and arguments surrounding access to
1 justice

2 The impact of the pressure on legal aid provision

Outline the basic principles relating to public

3 funding in civil and criminal cases

Describe the differences between a conditional fee

4 agreement and a contingency fee agreement

5 Access to justice in English legal system

 Scenario
 Your name is Suslov Alexander, and you are a notoriously unsuccessful drug
dealer accused of a serious crime. Unfortunately, your business model—selling
"buy one, get five free" deals—has left you in financial ruin. One fateful day, you
are arrested and charged with “possession with intent to distribute” after the
police find an alarming quantity of oregano in your apartment (which, for the
record, you insist was purely for cooking).
 The prosecution, however, is convinced you are running a herbal empire. Now
facing serious jail time, you realize you desperately need legal representation.
But there’s a problem—good lawyers cost money, and your business hasn’t
exactly been booming.
 Questions:
1) Would you be able to afford legal representation, or would you have to rely on
legal aid?
2) How does the right to access to justice apply in your case?
3) Does the legal system ensure that all individuals—even struggling oregano
entrepreneurs—receive a fair defense?
4) Discuss whether justice is truly equal for all, or if financial barriers prevent
some defendants from receiving a proper legal defense.
(Bonus: Should oregano really be considered a controlled substance?) 😆

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 INTRODUCTION
Access to justice is a core fundamental right and a
central concept in the broader field of justice.
While access to justice typically means having a case
heard in a court of law, it can more broadly be achieved
or supported through mechanisms such as national
human rights institutions, equality bodies and
ombudsman institutions, as well as the European
Ombudsman at EU level.
refers to the ability of individuals to seek and obtain a
fair legal resolution through the courts or other legal
processes, regardless of their financial situation or
personal circumstances. It ensures that people can
enforce their rights, defend themselves, and receive a
fair trial (a criminal case or in a divorce case and etc)
Richard Moorheand  is not just the legal aid although
this is an important facet.
An individual must be aware of his right and has the
resource and ability to enforce them.

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 Legal Aid [Link]

An assistance granted by the state to individuals who cannot afford to pay for legal support (reasons?)
when accused of a crime or when involved in civil proceedings.

The 4rth pillar of the welfare state. Created in 1949 and was intended to provide publicly funded advice,
assistance and representation in criminal and civil cases.

Advice and representation for everyone except the wealthiest.

Annual legal aid budget = refers to the total amount of money allocated by a government or relevant
authority each year to fund legal aid services, ensuring that individuals who cannot afford legal
representation still have access to justice.

Annual legal aid budget = 2 billion pounds which covers both criminal and civil legal aid – escalating
demand  government tries to control legal aid expenditure.

Exception  people on quite modest incomes – no longer qualify.

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 In September 2017

 A Report from the Labour Party for access to justice.

 Labour Party released a report in 2017 titled "Legal Aid: The Price of Justice". It
examined the impact of cuts to legal aid in England and Wales, particularly
following the Legal Aid, Sentencing and Punishment of Offenders Act 2012
(LASPO), which significantly reduced the availability of free legal representation
for many civil and family law cases.
 The report highlighted several key issues, including:
• A rise in litigants in person (LIPs) due to fewer people being able to afford
lawyers.
• Reduced access to justice, particularly affecting low-income individuals, domestic
abuse survivors, and disabled people.
• Increased strain on courts and tribunals due to people representing themselves
without legal knowledge.
• The financial burden shifting to other parts of the public sector, such as local
councils and the NHS, as legal issues remained unresolved.
• This was in 2017 and yet there has been no clear reform of the system.
The covid pandemic exposed many problems.

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 The legal aid
agency
The current system of funding legal advice and
assistance is governed by the Access to Justice Act
1999 and Legal Aid, Sentencing and Punishment of
offenders Act (LASPO) 2012.
Legal Aid Agency  scope  provide simple,
timely and reliable access to legal aid; build strong
relationships across government and the justice
system; secure value for money for the taxpayer
in all that they do; achieve their full potential
through being fair, proud, and supportive.

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 The civil
legal advice service
The Civil Legal Advice (CLA) service is a government scheme administered by the Legal Aid
Agency (LAA). It provides free legal aid through direct funding to solicitor firms and advice
agencies. The scheme also operates in collaboration with local authorities and other legal
service funders to ensure broader access to justice.

Civil legal aid is available for:

• Debt – When the applicant’s home is at risk.
• Housing – Cases involving homelessness or the risk of eviction.
• Domestic abuse – Legal support for survivors.
• Family law – Applications for child arrangements following separation from an abusive partner.
• Special educational needs (SEN) – Legal support for children with SEN-related issues.
• Discrimination – Cases involving unfair treatment based on protected characteristics.
• Child protection – Issues concerning a child being taken into care.
• Child abduction – Cases involving the unlawful removal or retention of a child.

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 Scenario: "The Great Legal Aid Hunt"
Characters:
Noura & Zouzana  Uni students discussing legal aid.
Mr. Tsitsaros – A farmer who needs a solicitor.
Ms. Furjani – A legal aid solicitor… miles away.
Noura: “Did you know if you need legal aid in the countryside, you might have to
travel 50 miles to find a solicitor?
”Zouzana: “So, what—do you need a treasure map to access justice?”
Mr. Tsitsaros’s Legal Adventure:
No Solicitors Nearby – The village postmaster just shrugs. Public
Transport Nightmare – The bus breaks down… and there’s only one per
day. The Call Centre Struggle – “Your nearest solicitor is… farther than it
was five minutes ago.”
Mr. Tsitsaros sighs. "Maybe I’ll just represent myself… or move to the city.“
Zouzana: “So if you live in the countryside, justice is basically a road trip?”
Noura: “Yep. And most people can’t afford the petrol.”
Thinking Points: 1) How does distance affect access to legal aid? 2) What
happens if people just give up? 3) Could tech help solve this? 4) Would you like
any refinements?
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 Reducing Legal Aid Eligibility as a Budget Control
Measure: The Case of Personal Injury Claims

 One common method of controlling the legal aid budget is to reduce eligibility for
certain types of cases. This was the approach taken in England and Wales, where
personal injury claims were covered by legal aid until 2000. However, due to the
high cost of supporting such claims, the government removed legal aid for personal
injury cases and instead introduced Conditional Fee Arrangements (CFAs), also
known as "No Win, No Fee" agreements. This shift effectively transferred the cost of
litigation from public funds to the parties involved and their legal representatives.
The Impact of Removing Legal Aid for Personal Injury Cases
 The removal of legal aid for personal injury claims means that claimants must now:
1. Fund their own cases if they do not qualify for a CFA.
2. Rely on "No Win, No Fee" lawyers, who take on the risk of non-payment if the case is
unsuccessful.
3. Represent themselves, which may lower their chances of success.

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 Scenario
Imagine John, a factory worker, who suffers a
serious injury due to employer negligence.
Before 2000, he could have applied for legal
aid to bring a claim against his employer.
However, with legal aid removed, John must
either:
•Find a solicitor willing to take his case under a
Conditional Fee Arrangement (CFA).
•Pay for legal representation himself, which
may not be affordable.
•Represent himself, reducing his chances of
securing fair compensation.

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 The Risk to Access to Justice
 While CFAs help maintain access to legal representation, they introduce risks to
access to justice
1. Lawyers May Decline Risky Cases – Solicitors working on a No Win, No Fee basis will often
only take on cases with a high likelihood of success. This may leave borderline but valid
claims without legal representation.
2. Success Fees Reduce Compensation – If the claimant wins, their lawyer deducts a success
fee from the compensation, meaning the victim does not receive the full amount they were
awarded.
3. Financial Risk for Claimants – If the case is unsuccessful, claimants may still have to pay
court fees or the defendant’s legal costs, creating a deterrent effect for those without
financial security.
4. Increased Self-Representation – Without legal aid or access to a CFA, some claimants may
attempt to represent themselves, leading to inequality in court proceedings and a potential
decline in justice outcomes.
Reducing eligibility for legal aid, as seen with personal injury claims in England and Wales, is
an effective way to control government spending. However, it shifts the financial burden to
individuals and their legal representatives, creating potential barriers to justice. While
Conditional Fee Arrangements provide an alternative route to legal representation, they are
not a perfect substitute for legal aid, as they may limit access for those with complex or lower-
value
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 Impact of Legal Aid Cuts on Access to
Justice
 Legal aid reforms have removed funding from many civil cases, such as divorce, welfare
benefits, school exclusions, employment disputes, immigration (where the individual is not
detained), consumer rights, and clinical negligence claims. When these cuts were first
proposed, the Law Society raised concerns that vulnerable people might struggle to get
legal help, despite government assurances that funding would be targeted at those most in
need.

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 Impact of Legal Aid Cuts on Access to Justice

Scenario
 Imagine Natalie Tarazi, a single mother who is unfairly dismissed from
her job. Before the legal aid cuts, she could have received free legal
assistance to challenge her employer. Now, with legal aid removed for
employment cases, she must either pay for legal representation (which
she cannot afford) or represent herself, reducing her chances of
success.
Potential Impact on Access to Justice
Fewer People Can Afford Legal Help – Vulnerable individuals may be
forced to represent themselves, leading to unfair outcomes.
Small Legal Aid Firms Struggle – High-street law firms that relied on
legal aid cases may close down, reducing available legal support.
Justice Becomes Less Accessible – Only those who can afford lawyers
get proper representation, creating inequality in the legal system.

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 Assessing Eligibility for Legal Aid:
Challenges and Recent Reforms

Determining who qualifies for legal aid funding is complex, as

different thresholds apply based on income, savings (capital),
and disposable income. Eligibility depends on the level of legal
service needed, and solicitors or advisors help assess whether
a person qualifies. The UK government provides an online
legal aid calculator at [Link] to assist individuals in checking
their eligibility.
Key Financial Thresholds
• If disposable monthly income exceeds £733 or disposable
capital exceeds £8,000, legal aid is not available.
• If disposable capital is over £3,000 or monthly disposable
income exceeds £315, a contribution may be required.
• These thresholds vary based on family size, dependent
children, or low-income pensioners but have not changed for
years, failing to account for inflation.
Additionally, individuals who receive legal representation may
have to contribute to court costs, and if they win a case that
results in recovering money or property, a portion of this may
be used to cover legal expenses.

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 Recent Legal Aid Reforms
In response to the Legal Aid Means Test Review, the UK government
introduced reforms starting on 3 August 2023:
•Means testing was removed for parents applying for legal aid in
cases concerning life-sustaining treatment decisions for their child.
•In September 2023, bereaved families at inquests could apply for
exemption from the means test for legal help.
•Further phases of reform will continue, aiming to improve access to
justice for those in need.
Scenario  Imagine Chen Shiewe, a single mother with two children, earns
£1,500 per month and has £4,000 in savings. She applies for legal aid for a
child custody dispute. Under the current system:
•Since her capital exceeds £3,000, she may need to contribute to legal costs.
•If her disposable income is above £315, she may also have to pay a monthly
contribution.
•However, because she has dependent children, her eligibility may be adjusted,
depending on the specific circumstances.
These reforms aim to ensure fairness in access to legal aid while focusing
resources on those most in need. However, concerns remain about whether
income thresholds are too low, preventing access to justice for many
individuals.

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 Citizens advice
Citizens Advice is a UK-based charity that provides free,
confidential, and independent advice to help people with legal,
financial, and other issues. It operates through a network of local
offices and an online platform, offering support on topics like debt,
housing, employment, benefits, consumer rights, and family law.
How is Citizens Advice Linked to Legal Aid?
Citizens Advice is closely linked to legal aid because it helps people
understand their legal rights and guides them on whether they
qualify for legal aid funding. It can: 1)Provide initial legal guidance
before seeking professional legal aid. 2) Help individuals check their
legal aid eligibility and direct them to solicitors or support services.
3) Support people with legal aid applications or appeal decisions. 4)
Offer alternative solutions if legal aid is unavailable, such as
mediation or self-representation advice.
Scenario  Imagine Varvara Kokkinou, who is struggling with a
housing dispute and cannot afford a lawyer. she visits Citizens
Advice, where an advisor helps her:
[Link] if she qualifies for legal aid.
[Link] her rights and options.
[Link] a solicitor who accepts legal aid if eligible.

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 Law centres
 Established in 1970s  to address legal advice needs of the poor and disadvantaged in their
local communities
 42 centres in England and Wales employing solicitors, barristers and other legal advisers.
A Law Centre is a not-for-profit legal organisation in the UK that provides free legal advice
and representation to people who cannot afford a lawyer. Law Centres focus on social justice
issues, such as:
• Housing (evictions, homelessness)
• Employment (unfair dismissal, discrimination)
• Welfare benefits (appealing benefit decisions)
• Immigration and asylum
• Discrimination and human rights

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 Student law clinics
 A Student Law Clinic in England and Wales is a university-run legal service
where law students, supervised by qualified lawyers or lecturers, provide free
legal advice (pro bono) to the public. These schemes are set up to assist clients
while giving students experience of legal work as part of their academic and
professional development.
How It Works:
• Helps with issues like housing, employment, family law, and consumer rights.
• Students gain practical experience, while clients receive free support.
• Not all clinics offer full legal representation, but they provide guidance and
referrals.

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 Pro – Bono Schemes

 Pro bono Publico (for the public

good).
 Services that are offered by barristers
or solicitors to provide legal advice
and assistance to clients without
payment or reduced fees.
 Clients cannot afford legal fees.
 Many law firms, barristers, and legal
charities participate in pro bono work,
often coordinated by organizations like
LawWorks and the Bar Pro Bono
Unit (now Advocate). However, pro
bono is not a substitute for legal
aid and depends on lawyers’
availability. (visit [Link])
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 there are two main types of "no win, no fee" agreements

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 Conditional fee arrangement CFA
 The Access to Justice Act 1999 allowed several forms of agreement relating to the payment of fees
and amended by sections 44 and 46 of the LASPO.
 Conditional fee arrangement  “no win, no fee” ( A CFA arises where a solicitor agrees with the
client that the firm’s legal fee will only be paid if the client wins the case.  if the client is
successful, the solicitor will be paid an “uplift” on the fees that would have been charged. This is a
success fee and could include a percentage increase in the bill.
 The lawyer is only paid if the case is successful. (the case is straightforward and client is likely to be
successful.
 If the client wins, they pay the lawyer’s normal fees + a success fee (usually a percentage of the
costs, capped at 100%).
 If the client loses, they typically don’t pay their lawyer but may have to cover the other side’s costs
(unless insured).Common in personal injury, defamation, and commercial litigation cases.
 Success fees cannot be recovered from the losing party in most cases (since the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 (LASPO)).
Scenario 
Win? You pay legal fees + success fee.
Lose? No lawyer fees, but the other side might still want their money!

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 Dameges based agrewin,
if we win I get a slice from the pie

 Since April 2013, damages based agreements which are a form of contingency fee
agreement have been lawful for contentious work and a lawyer can agree to take a
percentage of damages awarded at the end of a successful case
• The lawyer’s fee is a percentage of the client’s damages if they win (capped at 25%
for personal injury, 35% for employment cases, and 50% for other civil cases).
• If the client loses, they don’t pay their lawyer but may still have to cover the
opponent’s costs.
• Used in commercial disputes, employment claims, and some personal injury cases.
 Key Difference: In CFAs, the lawyer is paid based on hourly rates + success fee, while
in DBAs, they take a percentage of the compensation.
Client: "I got £100,000 in damages! Woohoo!
"Lawyer: "Yep! And I get 25%!“
Client: "Wait... so I only get £75,000?“
Lawyer: "Hey, no win, no fee… but also, no win, no slice!“ Lawyer gets nothing, but you
might still owe costs

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Zuberi v Lexlaw Ltd [2021] EWCA Civ 16
 The Court of Appeal addressed the enforceability of Damages-Based Agreements (DBAs) containing
termination provisions.
 Facts  Mrs. Zuberi engaged Lexlaw under a DBA to pursue a mis-selling claim against a bank. The
agreement stipulated that Lexlaw would receive 12% of any recovered sums plus expenses if successful.
Additionally, a clause required Mrs. Zuberi to pay Lexlaw's standard hourly rates and expenses if she
terminated the agreement prematurely. After a settlement exceeding £1 million was achieved, a dispute
arose over Lexlaw's fees.
 Mrs. Zuberi contended that the termination clause rendered the DBA unenforceable under the Damages-
Based Agreement Regulations 2013, arguing that such provisions contravened the regulations, thereby
invalidating the entire agreement.
 Court of Appeal Decision  The Court unanimously held that including a termination provision requiring
payment of standard hourly rates upon premature termination does not invalidate the DBA. The Court
reasoned that the regulations do not prohibit such clauses, and their inclusion does not contravene the
statutory framework governing DBAs.
 Implications: This judgment provides clarity on the enforceability of DBAs with termination provisions,
making them more attractive to solicitors. It alleviates concerns about the potential invalidity of such
agreements due to termination clauses, thereby encouraging their use in litigation funding. The decision is
considered a significant development in the landscape of litigation funding, offering greater flexibility and
certainty in the use of DBAs.
 For more reading  [Link]
[Link]
 [Link]
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 Criminal
legal aid

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 Criminal legal aid
 Criminal legal aid is available for individuals who have been arrested, questioned, or charged by
the police and need legal assistance. It ensures that everyone, regardless of their financial situation, has
access to legal advice and representation when facing criminal proceedings.
Police Station Advice
• Free legal advice and representation is available to all individuals questioned in a police station.
• This is publicly funded and does not require a means test.
Funding Mechanism
• Legal aid is provided through direct funding to firms of solicitors and other advice agencies.
• A law firm can receive this funding only if it has a contract with the Legal Aid Agency (LAA).
• There is also coordination with other funders of legal services, such as local authorities, to ensure
comprehensive legal support.
Legal Aid for Court Representation
• If the case proceeds to court, legal aid may cover solicitor and barrister representation.
• This is means-tested (financial eligibility is assessed).
• The Interests of Justice Test also applies to determine if legal aid is necessary (e.g., serious
charges, risk of imprisonment).

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 Legal Professionals and
criminal legal aid
Who Provides Criminal Legal Aid?
1. Public Defender Service (PDS) – Government-funded solicitors and advocates who provide legal
aid representation in serious criminal cases.
2. Private Solicitors’ Firms – Many private law firms have contracts with the Legal Aid Agency
(LAA) to provide criminal legal aid to eligible clients.
3. Barristers (Advocates) – If a case goes to the Crown Court or higher courts, a barrister may
be instructed through legal aid to represent the defendant.
The Public Defender Service (PDS) in England and Wales is a government-funded organization
established in 2001 (has long been a feature of the courts system in the US) to provide high-quality
criminal defense services. It offers comprehensive legal assistance, including advice and
representation at police stations, magistrates' courts, and advocacy in higher courts.
 The PDS lawyers are the defenders and are paid by the LAA.
 The PDS ensures that individuals facing criminal charges receive expert legal representation,
safeguarding their right to a fair trial. By offering services (24/24, 7/7) through salaried defence
advocates and solicitors, the PDS aims to make legal assistance accessible to those who may not
afford private legal fees.
 The PDS operates alongside private legal practitioners, contributing to the diversity and resilience
of the criminal defence landscape in England and Wales.

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 10 Years ago
cutbacks in legal aid
 [Link]
Limited Access to Legal Representation
2 tiers legal system those who can have access and those who cannot have access to justice  When legal aid is
reduced, individuals who cannot afford to pay for private legal representation may be left without support,
especially in serious cases.
More defendants may be forced to represent themselves in court (often referred to as "litigants in person"),
which can result in unfair trials due to lack of legal knowledge. Groups such as the poor, people with disabilities,
or those facing complex cases (e.g., mental health issues, immigration) are disproportionately affected, further
widening inequality in access to justice.
Impact on Legal Professionals
• Reputation is on threat!
• No money- no work  If legal aid work is less financially viable, fewer law students and young professionals
will pursue careers in legal aid work, leading to a lack of qualified defense lawyers in the future.
• Experienced criminal lawyers may choose to leave legal aid work for more lucrative private practice areas,
which reduces the availability of skilled professionals to represent those who need it most.

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 2 Years ago
cutbacks in legal aid
[Link]
[Link]

No Quality
• When funding is cut  no resources for proper case preparation, which could result in a lower quality of
service (e.g., less time spent on cases, fewer support staff) and then…
• Remaining legal aid lawyers may be forced to take on larger caseloads, reducing their ability to devote
enough time and attention to each case.
Delays and Backlog in the Legal System
• Fewer lawyers handling legal aid cases can lead to backlogs in the court system, making cases take longer
to resolve, which negatively impacts both defendants and victims.
• unrepresented defendants or in person (extra delay) or less-prepared lawyers can increase the workload
and pressure on the judicial system, leading to inefficiency. Without proper legal representation, individuals
may struggle to mount an effective defense, leading to wrongful convictions or unfair sentences.

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 Social inequality and public
trust
• Do not forget  Access to Justice as a Fundamental Right
• Cuts to legal aid can undermine the principle that justice should be accessible to all, not just
those who can afford to pay. This exacerbates social inequality, as only the wealthy can afford
competent legal representation.
• Access to justice is for everyone  cutbacks leads to discrimination  Legal aid cuts can
disproportionately affect marginalized communities, including ethnic minorities, lower-income
families, or those in rural areas who may already face challenges accessing services.
• Erosion of Public Confidence  When people feel they cannot access fair legal representation, it
undermines confidence in the justice system and the rule of law, leading to a perception that
the system is unfair or biased.

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Thank you

Dr. Stella Mala

Irakleous