Robert Egerton - Legal Aid
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- Book:Legal Aid
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- Year:2013
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In 15 Volumes
Robert Egerton
A. L. GOODHART
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
A CIP catalogue record for this book
is available from the British Library
CHAP. |
The accessibility of the courtsExpense of normal legal procedureCheaper justice through reformsEquality before the lawThe extent of the problemThe consequences of inequalityFinancial considerationsThe need for examination of the legal aid system |
Concessions to poor suitors up to the sixteenth centuryStatutes of Henry VII and Henry VIII providing free writs, free representation and non-liability for costsDissatisfaction with pauper litigationThe imposition of fees in pauper casesThe procedure in ChanceryThe ineffectiveness of the 1883 Rules of Court |
The necessity for reformThe Poor Persons' Rules, 1914Findings of the 1919 CommitteeInstitution of deposits for out-of-pocket expenses and abolition of office expensesLack of conducting solicitorsThe 1923 CommitteeTransfer of control to the Law SocietiesGrowth of Poor Persons' workThe Welsh Law SocietiesWartime congestionThe Services Divorce Department |
House of LordsCriminal cases Civil cases in the Police CourtThe County CourtThe Bentham CommitteeSome other organizations concerned with poor litigants |
Poor Man's Lawyer centresPoor Man's Lawyer AssociationsWartime developmentsCitizens' Advice BureauxCambridge House Free Legal Advice CentreCitizens' Advice Bureaux scheme for the provincesThe Services Legal Advice scheme |
ScotlandNorthern IrelandThe British EmpireTypical Continental systems : AustriaBelgiumSwedenRussiaU.S.A.Comparative analysis of legal aid : Countries where there is no legal aidNo legal adviceAssistance limited to certain types of case or certain courtsEvidence of prima facie caseEvidence of povertyFixed monetary testsPartial legal aidThe authority making the grant of aidAppealsThe benefits of a grantPayment of advocatesTreasury assistance with out-of-pocket expensesLiability of the poor person and his opponent for costsThe training of young lawyers |
CHAP. |
Grant of certificates by practising lawyersCriticism by the Court of AppealThe worthiness of applicants Discretion casesOther objections to the present practiceGrant of certificates by the courtsAppeal against the refusal of a certificateThe test of a prima facie caseRight of an opponent to oppose an applicationConciliation methods |
Financial limits and the cost of livingThe means of the familyFixed limitsEvidence of meansPart paymentDisbursements and depositsObtaining evidenceThe need for a fund |
Existing provisions as to costsHistory of opponent's immunityInfluence of legal etiquette and theoryCriticismPoor person's liability for his own costsLiability for his opponent's costsLimitation of executionIndemnifying the opponent |
The criminal provisionsSmall feesFew certificates granted by magistratesThe Public Defender systemThe House of LordsDisbursementsRepresentation Civil cases in the Police Courts and County CourtsAbsence of provisions criticized by Court of AppealRemission of court feesThe need for representationComplexity of casesArgument that the judge is advocate for the unrepresented partyTrade unionsCharitable organizationsSpeculative solicitorsCost of County Court casesLack of assistance in parts of the countryOpposition of legal professionSmall Claims Courts |
The necessity for legal adviceDefects of charitable arrangementsThe place of legal advice in the legal aid schemeAdvantages of legal advice centresRotas of solicitors or bureaux with a permanent staff? |
The need for negotiation and conciliation and non-contentious workObjections to a Government DepartmentDifficulty of paying private firms of solicitors out of public fundsAdvantages of legal aid centres conducting negotiations and possibly litigation in free casesLegal education at legal aid centres Reduced fee schemes in the U.S.A.Necessity for work at reduced feesAdvantage of fees being based on solicitors' scale charges |
Requirements for a thorough legal aid schemeImpossibility of meeting the requirements on a charitable basisReforms delayed owing to the financial burden on the legal professionNo prospect of raising the necessary funds from charitable subscribersDiscussion of insurance scheme proposalsFinancial responsibility of the StateLocal authorities and other possible sources of funds |
Necessity for unified control of the whole legal aid schemeBodies which might control the schemeA Government DepartmentLocal authoritiesPoor Man's Lawyer CentresThe Law SocietiesA composite bodyShort outline of the working of the proposed scheme |
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