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Fixed fee
interview
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Some solicitors may
give up to half an hour's legal advice for a fixed fee (not more than £25).
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Accident
Line |
This scheme offers a
free initial interview with a solicitor to someone who has suffered
personal injury because of an accident.
Web site
here |
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Trades
unions |
Trades unions may
provide free legal representation for all accidents during working hours
or travel to or from work.
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Motoring
organisations |
Motoring organisations,
for example, AA/RAC, may offer a cheap or free legal advisory service if
the person is a member.
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Legal
expenses insurance |
Some insurance
companies offer policies that cover the expenses of certain legal matters,
for example, consumer disputes, personal injuries, employment problems and
motoring offences.
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Consumers' Association |
Other organisations,
for example, the Consumers' Association, offer a legal advisory service to
people who pay a subscription.
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Law
centres |
There are about 60 Law
centres where free legal advice is given. Law centres often specialise in
housing, employment, immigration, juvenile crime and welfare benefits.
Many provide publicly funded legal services.
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Pro
bono publica |
The Free
Representation Unit
offers free legal representation by young lawyers and law students at
tribunals and other hearings for which legal aid is not available.
Similarly, the Bar Pro Bono Unit
provides free representation for people with "deserving" legal problems
who cannot afford legal advice and are not eligible for legal aid; this
involves a substantial number of experienced barristers, including some
QCs. Some of the work done by these two Units comes from the Citizens'
Advice Bureaux.
Some associations, such
as Families Need Fathers will represent free of charge in needy cases.
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Websites |
There is a wealth of
legal advice offered by charitable societies and interest groups.
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Other
government bodies |
Town halls offer
services particularly in consumer matters. The Office of Fair Trading also
operates in this field.
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Newspapers, magazines other media. |
Many ‘help columns’
exist in newspapers, magazines, radio and television programmes. |
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Friends
and relations |
Many individuals have
been through legal events and have close personal knowledge of what can
and cannot be done in particular the personal and emotional costs.
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Private
funding |
A wealthy litigant may
be able to pay for legal advice and representation from her own pocket.
Alternatively, a poorer litigant may try to save some of the costs by
going it alone as a "litigant in person". In the "McLibel" case the two
defendants represented themselves and succeeded on several points, but
could theoretically have faced a bill for £10 million for the costs of
McDonalds' pyrrhic victory.
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Insurance |
"After
the event"
policies can be taken out after the accident has occurred if a solicitor
advises there is a good chance of winning. The premium on such a policy is
quite high - typically about 10% of the sum covered - though this premium
is recoverable (under the Access to Justice Act 1999) if the
case is won and costs awarded against the losing party.
Freestanding policies
specifically cover legal expenses have to be taken out and annual premiums
paid before the incident giving rise to the claim. Many exclude particular
types of action such as divorce and defamation. The premium for such a
policy might be £200 a year for cover up to £50 000. |
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Sponsorship |
Occasionally, litigants
obtain sponsorship from other people who have an interest in the outcome
of an action they are taking.
For example Neil Hamilton the disgraced MP who
sued Al-Fyed for libel, received his legal expenses from friends who where
unknown until after the trial when the judge order Hamilton to reveal
their names.
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Charities |
Many charities offered
legal advice and sometimes legal assistance, for example the British
Kidney Patients Association.
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Public law cases |
A narrow
area of law involving decisions by public bodies who can be brought to
account by the Public Law
Project.
Public law
remedies are those procedures by which citizens can challenge the fairness
or legality of the decisions of public authorities.
They
include judicial review in the High Court, and also non-court based
procedures, such as ombudsmen schemes and complaints procedures.
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Conditional fees |
A claimant
cannot have access to justice if he cannot afford a lawyer's fees, or
cannot obtain a lawyer.
Conditional fees
provide a partial solution, more on
conditional fees here.
Awarding costs is always a matter for the judge's discretion.
The judge can award costs against anyone, even if they are not a party to
the action.
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"Costs follow the event" |
The usual
rule:
"Costs follow the event" in other words "loser pays all".
This rule
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encourages resolution of cases according to merits
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encourages strong cases to be settled
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deters
weak cases.
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discourages speculative litigation.
"Loser
pays all" distributes the risk of litigation according to the merits of
the case. |
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Legally aided cases fly in the
face of the "Loser pays all" rule |
"Loser pays all" does not apply in legally
aided cases.
The legally aided party has
statutory protection and so is in a no lose situation.
The other party is in a no win situation.
So weak cases are brought, by people on legal aid.
The success rate of legally aided cases is 27 per
cent in clinical negligence and 0% in pharmaceutical litigation.
This can have the effect of cases being settled
even though they have no merit and is described as "legal aid blackmail"
(Anthony Barton in his review of
Arkin -v- Borchard Lines Ltd and another (No 5) [2004] Commercial Court).
In Arkin the court had to decide whether to deter weak claims or accept
the widening access to justice. The court decided that access to justice
was such an important consideration that it should prevail.
The courts are therefore promoting the privatisation of access to justice,
and so making it available to more people.
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Going to law can be expensive |
BCCI liquidators dropped a £1 billion claim against
the Bank of England, more than £100 million had been swallowed up in legal
costs.
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