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Civil Justice System
Legal Aid
- World Justice Report 2016 (UK ranked 10th in Rule of Law index 2016)
- Pre-WWII, minimal legal aid
- After WWII, rise in divorce cases - adopted welfare state policy, increased legal
aid
- Adopted Rushcliffe Committee proposals - Legal Aid Bill
Legal Aid and Advice Act 1949
- In 1949, 80% had access
- In 1978, only 48% had access (Increase in earning capacity and inflation)
- Increase in financial limit, spent too much on legal aid
Lord McKay - Proposed capping method
Lord Irvine - Implemented the method in Access to Justice Act 1999
Access to Justice Act 1999
- Legal Services Commission decide how to divide fund between Civil Legal Service
& Criminal Defence Service
- Cases removed from provision of legal aid (small claims, defamation, company law,
wills, trust property, negligent except for medical negligent)
- HRA 1998 : Came into effect, criminal side spent more (asylum etc
...
2b in a year on legal aid
(But spent £9b on 2012 olympics)
- Abolished Legal Services Commission > Legal Aid Agency
- 623K people previously eligible, now ineligible
- 80% poorest quintile of society was ineligible
- 54% on social benefits, ineligible, believed to be disabled
a) Medical Case
- Removed by LASPO 2012 (AJA 1999 did not)
- Complex evidence, expert opinion (costly)
b) Divorce Case
- Only for victims of domestic violence
- 50% cannot prove
- Women's Aid statistics: 38% could not obtain evidence of abuse
c) Disadvantage suffered by single fathers
- No automatic parental responsibility (as opposed to mother), meaning no say in
upbringing of the child
- Child support agency assess how much to pay to the mother
- Grant by agreement or court order (No legal aid)
- Has to pay for rights over the child
- Marilyn Stowe : Mother has custody, if disregards court order to allow contact,
have to apply for contact order (No legal aid)

d) Judicial Review
- Provided only after leave is granted
- Most work done before leave permission hearing
- Sometimes government ratifies mistake before actual hearing
e) Residence Test
- Lord Chris Grayling : Proof of citizenship for several years
- Frederick Wilmot-Smith : Vulnerable people cannot satisfy (Homeless, Victims of
trafficking, Prostitutes), Suffer from British injustice should be able to access
British justice (Baha Mousa case, the wife would not have received legal aid if the
case happened after LASPO 2012)
- Man in doghouse (Man was made to live in doghouse by his wife, rescued and given
legal aid

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