ACCESS TO JUSTICE

1. What is the significance of the famous quote – ‘Justice in England is open to all -
like the Ritz hotel’?

The quote, from J C Matthew, is intended to contrast the theory of open justice
with the realities of access to justice for those who cannot pay for lawyers.

2. Which areas of law is civil legal aid not available for?

● Employment

● Social welfare law

● most private family law
● medical negligence;
● most education law.

3. What is a DBA and how does it work?

This is a Damages Based Agreement. The lawyer does not charge fees but gets a
share of any damages recovered.

4. What are common objections to DBAs?

They may have a corrupting influence on lawyers who will do anything to win
the case

They take a large part of the injured person’s compensation away

They may lead to exaggerated claims by claimants who want enough to meet
their needs and pay the lawyer’s share

5. What was the ‘Great Post office Trial ‘ about?

The "Great Post Office Trial" refers to a legal case in the United Kingdom known
as the Horizon Scandal. The trial involved sub-postmasters and
sub-postmistresses who were accused of financial discrepancies in the accounts
of their post offices. The issues were related to the Horizon computer system,
which was introduced by the Post Office in the late 1990s for managing accounts,
transactions, and other financial aspects of post offices.

The sub-postmasters and sub-postmistresses faced criminal charges, including

false accounting and theft, based on the discrepancies reported by the Horizon
system. However, they argued that the problems were due to glitches and errors
in the Horizon software rather than their own wrongdoing. Many experienced
financial difficulties, and some even faced imprisonment as a result of the
accusations.
 In 2021, the Court of Appeal overturned the convictions of 39 former
sub-postmasters, acknowledging that the Horizon system had serious flaws that
led to inaccuracies in financial records. The case highlighted the challenges and
injustices faced by individuals when technology malfunctions impact their
livelihoods.

7. Who was the Judge in charge of the Post Office litigation?

Sir Peter Fraser, the Iron Judge

8. What did the Post Office apply to do half way through

the second trial?

They applied for the Judge to recuse himself. Recusal is when the Judge is asked
to withdraw from the case

9. What is a ‘LIP’?

A litigant in person.

8. What two tests are applied in order to obtain criminal legal aid?
● At the magistrate’s court, it is necessary to apply to the court for a representation
order. This involves a two-fold test:

The “interests of justice” test: is the offence serious enough to justify legal aid?
This generally means the offence must be punishable by imprisonment.

The “means” test:

○ if your income per year is above about £21,000 you will not be financially
eligible for legal aid at the Magistrates Court;
○ if you are single and your gross income per year is below £11,590 you will
be financially entitled to legal aid in the Magistrates Court;
○ if your gross income is between £11,590 and £20,750 then whether you are
financially eligible for legal aid will depend on your disposable income.

At the Crown Court you automatically qualify for legally aided representation,
but you may be asked to make a contribution depending on your income.

9. What was the name of the case which went to the Supreme court which
challenged tribunal fees?

R (Unison) v Lord Chancellor (Nos 1 and 2) [2017] UKSC 51.

10. Robert Nozick saw justice as giving effect to legitimately acquired property
rights. Nozick, a political philosopher, is well-known for his work "Anarchy,
State, and Utopia," where he argued for a minimal state that focuses on
protecting individual rights, particularly property rights acquired through
legitimate means.

11. Distributive justice is concerned with achieving a fair allocation of resources. This
concept focuses on the fair distribution of goods, benefits, and burdens in a
society to ensure that individuals receive what is rightfully theirs based on
principles of equality or need.
 12. What is the difference between costs and court fees?

There are two types of costs:

● Costs you pay your own lawyers and experts

● Costs you are ordered to pay the other side to cover some of what it as had to
pay its lawyers and experts

But you also have to pay fees to the court to start the case, to issue applications, to set
the case down for trial etc.