ICANN ICANN Email List Archives

[soac-newgtldapsup-wg]


<<< Chronological Index >>>    <<< Thread Index >>>

[soac-newgtldapsup-wg] Applicant funding eligibility criteria (and more)- UK Legal Aid Model

  • To: SOAC-newgtldapsup-wg@xxxxxxxxx
  • Subject: [soac-newgtldapsup-wg] Applicant funding eligibility criteria (and more)- UK Legal Aid Model
  • From: Cintra Sooknanan <cintra.sooknanan@xxxxxxxxx>
  • Date: Tue, 25 Jan 2011 21:13:07 -0400

Dear JAS members,

Below is a summary of the UK legal aid system eligibility criteria (with
some supporting documentation) for you kind review and attention. We can
discuss its appropriateness at the next call.

Regards

Cintra Sooknanan

*Definition*
Legal aid helps with the costs of legal advice for people who cannot afford
it and may be regarded as a redistributive transfer of resources from
taxpayers to those who are most needy of legal services. Legal aid does not
involve providing direct financial transfers to clients but instead involves
providing legal services which are funded or subsidised (to differing
extents) by the legal aid budget.

*Test*
Whether an applicant receives legal aid will depend on:
•the type of legal problem (the nature of the case);
•‘financial eligibility’-- applicant's (or their partner's) income and
capital (money, property and belongings); and
• whether there is a reasonable chance of winning and whether it is worth
the time and money needed to win (the merits of the case).

One peculiarity of criminal cases is that an *interest of justice* test is
also employed to determine:
•the likelihood of loss of liberty and livelihood;
•the damage to reputation;
•if the case involves a substantial question of law;
•if the applicant may not understand the legal proceedings;
•if witnesses need to be traced/interviewed on the applicant's behalf (alot
of procedural issues);
•if the case involves expert cross examination;
•if it is in the interest of another person (witness or defendant) for the
applicant to be represented; and
•any other reason.
While these do not exactly suit our purpose, they may be tweaked to
fit an *Interest
of the Community* test.

*Changes in financial circumstances*
Another assessment may be done if the financial situation changes (earnings
rise or fall, or obtain money from selling  a capital asset). The amount to
be paid towards the legal costs may then change.

May stop legal aid if:
• the applicant does not give information to the legal aid adviser that they
need or request;
• the applicant's financial circumstances change so that they are no
longer financially eligible for funding;
• the applicant does not keep up any monthly contribution agreed to pay as
part of the legal aid;
• the applicant withholds information about financial circumstances; or
• it is discovered that the applicant is not eligible for legal aid.

The applicant's legal aid can be stopped in two ways:
• ‘Discharged’, which means funding will stop from the point when we
send the applicant a notice. The applicant may have to repay some or all of
the money already spent on the case.
• ‘Revoked’ (cancelled), if we find you were wrongly granted legal aid, for
example by giving false information about finances. In this case, the
applicant may have to repay all the money spent on the case.

*Partial payment and re-payment*
If the applicant is granted legal aid, we will pay your solicitor or
adviser directly – the applicant does not receive money to pay the legal
bills. If
the applicant does receive legal aid, you may still have to pay some of the
costs, depending on the financial situation and your case.
This ensures the fund is self sustaining and does not diminish quickly;
there are three ways the applicant may have to pay:
• ‘capital contribution’--a lump sum;
• ‘income contribution’-- monthly instalments from income until the case
finishes; and
• ‘statutory charge’-- repaying costs if the applicant receives (or keeps
hold of) money or property by winning the case. The charge has three main
objectives:
1. It allows public money to be ‘recycled’ so that it can be used to fund
other applicant’s legal cases in the future.
2. It helps to deter applicants from running up unnecessary legal costs.
3. It puts the applicant (whose case is being funded by legal aid) in the
same position as a normal applicant (who is paying their solicitor
privately).

*Present Reforms*
In order that we not suffer the same limitations of this system, it is also
helpful to review the current *UK Legal Aid Reforms* (which will reconsider
financial eligibility and how much an applicant might contribute to their
legal aid, if anything). Some key areas are:
(i) Abolish ‘capital passporting’ (‘passporting’ is a term used to describe
the automatic eligibility for legal aid if a client is in receipt of
particular income state benefits, even if the client possesses a certain
level of capital);
(ii) Introduce a capital contribution fee of £100 for clients with
disposable capital of over £1000
(iii) Abolish ‘capital disregards’ (no longer disregarding capital held by
the client when applying the means assessment) in cases where the capital
assets do not form part of the dispute, but retain a waiver scheme for those
who cannot access their equity and asset dispute disregards in cases where
rights in the property are disputed;
(iv) Increase income contributions for all legally aided clients who make
contributory payments.
(v) Supplementary Legal Aid Scheme - introduce a scheme in which a
percentage of general damages are taken from successful cases.



References:
http://www.legalservices.gov.uk/public/help/information_leaflets.asp#leaflets
http://www.justice.gov.uk/consultations/docs/legalaidiacumulative.pdf

Attachment: criminal_legal_aid.pdf
Description: Adobe PDF document



<<< Chronological Index >>>    <<< Thread Index >>>

Privacy Policy | Terms of Service | Cookies Policy