Dispute Solving in the Legal System

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Klasse 11

Autor Larissa345

Veröffentlicht am 03.11.2018

Schlagwörter

law legal system

Zusammenfassung

This presentation is about the legal system in the United Kingdom. What is the legal advice agency? What are the six points under LASPO? What are the Passporting benefits? What means "disposable income" and "disposable capital"?

The legal advice agency is a government authority. The agency was founded on 1st of April 2013. This agency ist an executive agency of the Ministry of Justice in the United Kingdom. It offers in Wales and England civil legal aid as well as penal legal aid and civil law consulitation. The head office is located in London. It concerns around a non-departmental public body. It was formed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The Abbreviation ist LASPO. It is the law about the legal aid.
The six points under s.10 (3) LASPO are:
1.Likely cost of providing the service and the benefit which is obtained by them
2.Availability of resources to provide the service
3.Importance for the individual of matters in relation to which the services would be provided
4.Availability of other services such as mediation
5.Services are sought by an individual in relation to a dispute, the dispute, the individual’s prospect of success
6.The public interest
In civil legal aid are six different types: Controlled legal representations, Family help or legal representations, Help at court, Family mediation and Legal help.
But what cases can you get civil funding for? It is not easy to get funded. You can get funded for different cases. For example mental health, asylum and immigration, housing, education, discrimination and Debt. You can also get funded for welfare benefits, Family, children and domestic abuse and council tax reduction schemes. Civil legal services are tob e an individual under this port. On the other hamd you can not get funded if these criteria are not apply on you.
Passporting benefits are:
• Income Support.
• income-related Employment and Support Allowance.
• income-based Jobseeker’s Allowance.
• guarantee credit part of Pension Credit.
• Universal Credit.
The limit of the gross monthly limit for legal aid is 3,657 pounds. If it is less 3,657 the adviser or solicitor will check your disposable income.
What is the gross monthly income limit for legal aid?
Your monthly income has to be 733 pounds monthly or less to qualify for legal aid.
The disposable income will be check by an adviser or a solicitor if your gross monthly income ist 2,657 pounds or less.
The term ’disposable income’ is the amount of income you have left after deductions of social secure charges and taxes. That means deductions for national insurance, , maintenance, housing costs and certain other expenses.
It depends on your disposable capital whether the costs for the case are taken over or not. If your disposable capital is less than 3000 Pounds per month and you are getting Legal Representation, you won’t have to pay a contribution toward the costs of your cases. The opposite happens if your disposable capital is above 3000 pounds, you will have to pay a contribution towards the costs of your case. The disposable capital is a value of every resource of a capital, unless it ist treated as income or it ist disregarded as excluded disposable capital. It includes valuable items, property and money.
Statutory fees are fees relating to the exercise of statutory powers. In Statutory charge you have to pay all or some of the costs of your case back if you hve had legal aid. Statutory charge are such deliveries which are raised by a public law body fort he actual claim of a state achievement. Normally you have to pay your solicitor at the end of a case but the legal aid agency can take the costs over out of the award. After this deduction you will get the money what ist left.

The civil advice helpline ist a free helpline via telephone. So you can may get help from this helpline if you are eligible for civil legal aid. The Adventages are that ist ist independant , free and they give you a confidential advice on the following matters:

  • Discrimination
  • Family
  • Debt
  • Education
  • Housing
  • Welfare Benefits

There are five different interests for justice criteria these factors decide if you get funded or not. At least one oft he five factors has to apply on you:
1.Likely to lose his liberty or livelihood
2.Involves a point of law
3.Individual is unable to understand proceedings
4.Involve the tracing, interview or expert cross examination of witnesses
5.Interest of another person that the individual be represented