Lecturer: Miljen Matijašević
G10, room 6/I, Tue 11:30-12:30
e-mail: miljen.matijasevic@gmail.com
Session 10
1.
Revision of the last session
2.
Legal Aid
Civil Procedure in the UK
1.
2.
3.
4.
5.
6.
Who are the parties in a civil procedure?
What is the purpose of civil procedure?
What are the possible remedies?
What are the defendant's options upon
receiving the claim?
What do you know about the three regimes
of trial?
What is the difference between the
inquisitorial and adversarial approaches?
Unit 8
Answer the question with your partner:

Equality before the law is a requirement laid
down in the European Convention on Human
Rights. Is that really the case in practice?
Why (not)?

EQUALITY BEFORE THE LAW - implications:
◦ Everyone knows the law
◦ Everyone will be able to afford the same quality
representation

Two main needs:
1. obtaining good quality LEGAL ADVICE
2. being represented in a court of law
(LEGAL REPRESENTATION)

European Convention on Human rights – imported into English
law in 2000

Principles in criminal procedure – everyone is entitled to:
◦
a fair and public hearing
◦
have adequate time and facilities for the preparation of their defence
◦
defend himself in person or through legal assistance of his own
choosing or, if he has not sufficient means to pay for legal assistance, to
be given it free when the interests of justice so require
In civil procedures:

◦
The aim is to ensure the litigant to be on an equal footing with their
opponent
(litigant – stranka u parničnom postupku)


Legal Aid Act 1988 – brings together various systematic
schemes of legal aid
Candidates for legal aid were put through a means test, and
the case itself through a merit test
(means – sredstva; merit – meritum, glavni predmet spora)


MEANS TEST – aimed at establishing whether the candidate
is sufficiently financially disadvantaged to be eligible for
legal aid
MERIT TEST – the case is evaluated in order to establish
whether it is relevant enough to receive public funding
financially disadvantaged, adj. – poor
eligible (for sth), adj. – meeting the criteria for sth



This system did not function very well - a lot of
money was being spent and a very low percentage
of the disadvantaged was actually getting free
legal aid
As a consequence alternative voluntary services
developed to deal with the ‘unmet legal need’
The legal aid system radically reformed by the
Access to Justice Act 1999


Introduces new criteria and selection mechanisms
Establishes the main authority for the
organisation and provision of free legal aid:
the

Legal Services Commission
(LSC)
Set up as an executive non-departmental public
body of the Ministry of Justice
CONTRACTING
 In the earlier systems, any solicitor could provide
legal assistance and then claim fees from the State


Within the new system, only those legal
professionals who meet certain quality criteria and
then conclude a contract with the LSC can provide
free legal aid.
Contracted firms undergo regular quality audits,
but are also provided training in areas of the law
where free legal aid is regularly sought
(homelessness, repossession of property, human
rights, immigration and asylum, etc.)

Funding for legal advice and representation
available for:
very expensive cases, judicial review (revizija sudskog
postupka), claims against public authorities (tužbe
protiv upravnih tijela), clinical negligence (liječnički
nemar), housing, family, mental health, immigration
and asylum

means test may apply

Funding for legal advice and representation NOT
available for:
personal injury claims, boundary disputes (sporovi
oko međe), wills, defamation (kleveta), company law,
etc.




CDS provides legal advice and representation to
people under police investigation or facing criminal
charges
Run by the LSC in partnership with criminal defense
lawyers and representatives
Makes contracts and employs attorneys directly to
provide legal advice and assistance (Public
Defenders)
Defendants have the right to choose another legal
representative, other than the public defender


Cases in which the defendant is represented
through CDS undergo a merit test, whose
aim is to establish that the case is more
than trivial
Defendants undergo a means test


Depending on the results of the test, in
which a spouses’s assets and possible
criminal assests are also considered, the
defendant may be required to contribute
towards the cost of the proceedings
This is to prevent, among other things,
defendants with assets acquired through
crime from having access to free legal aid
spouse, n. - supružnik
assets, n. – imovina, sredstva



“No Win No Fee”
Defined as “an agreement with a person providing
advocacy or litigation services which provides for
his fee and expenses, or any part of them, to be
payable only in specified circumstances”, i.e. only if
the lawyer wins the client’s case
Available only for civil cases, prohibited in criminal
proceedings and virtually all family proceedings.




Legal Aid, Sentencing and Punishment of Offenders
Act 2012 abolished the LSC
instead, the Legal Aid Agency set up as of 2013
carries out similar work but no longer part of the
Ministry of Justice
greater independence in funding-related decision
making
equality before the law
legal advice
legal representation
means test
merit test
eligible
assets
Legal Services Commission
Legal Aid Agency
contracting
Conditional Fee Agreement ("no win no fee")
provider – defamation – assets – eligible – judicial – claim
1.
2.
3.
4.
5.
If it is established that a defendant in a criminal proceeding has substantial
.............. , he or she is not .............. for free legal aid.
Unhappy with the court’s decision, Mr. Caulfield filed for .............. review.
The Legal Services Commission concludes contracts with various .............. of
legal assistance and representation, ranging from voluntary organisations to
large law firms.
Marion Kirby thought the article published about her contained information
damaging to her reputation, so she decided to file a .............. lawsuit against the
author of the article.
In the past, legal aid could be obtained from any solicitor, who would then
.............. their fees from the State.
provider – defamation – assets – eligible – judicial – claim
1.
2.
3.
4.
5.
If it is established that a defendant in a criminal proceeding has substantial
ASSETS, he or she is not ELIGIBLE for free legal aid.
Unhappy with the court’s decision, Mr. Caulfield filed for JUDICIAL review.
The Legal Services Commission concludes contracts with various PROVIDERS of
legal assistance and representation, ranging from voluntary organisations to
large law firms.
Marion Kirby thought the article published about her contained information
damaging to her reputation, so she decided to file a DEFAMATION lawsuit against
the author of the article.
In the past, legal aid could be obtained from any solicitor, who would then CLAIM
their fees from the State.
Thank you for your attention!