Legal Aid Agency (LAA)

The Legal Aid Agency, under the Ministry of Justice, manages government-funded legal assistance.

Legal aid covers civil and criminal cases, but eligibility is restricted by financial means and case type.

Civil Legal Aid

• Covers areas such as housing, family law (domestic abuse or child protection), asylum, and debt.

• Applicants must pass both a means test (income and capital limits) and a merits test (whether the case has reasonable prospects of success).

• Available through contracts with solicitors and not-for-profit organisations.

Criminal Legal Aid

• Automatically available for serious offences tried in the Crown Court.

• In the Magistrates’ Court, applicants must pass an interests of justice test (e.g. risk of imprisonment) and a means test.

• Covers police station advice, representation in court, and appeals.

Cuts under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) removed funding for many areas such as most divorce, employment, and welfare claims, leading to significant criticism and increased numbers of self-represented (“litigants in person”) parties.

Self-Funding

Individuals can pay for legal advice directly, often through hourly rates or fixed-fee arrangements. This ensures choice of solicitor but can be expensive.

Conditional Fee Agreements (CFAs)

Known as “no win, no fee” agreements. The solicitor only receives payment if the case succeeds, usually as a percentage uplift (a “success fee”) on normal costs. Common in personal injury and civil claims.

Damages-Based Agreements (DBAs)

The solicitor takes a fixed percentage of any damages awarded, but nothing if the client loses.

Insurance Funding

• Before-the-event insurance: included in some home or motor policies, covering legal costs for certain disputes.

• After-the-event insurance: taken out once a dispute arises, to protect against paying the opponent’s costs if the case fails.

Where legal aid or private funding is unavailable, individuals can seek help from:

• Citizens Advice – free guidance on housing, debt, and employment.

• Law Centres – community-based legal aid organisations.

• Pro Bono Units – voluntary work by lawyers offering free advice or advocacy.

• Trade Unions – may fund employment-related cases.

• Charities and NGOs – e.g. Refuge, Shelter, Liberty, providing support in specialist areas.