71403205_Conditional Fee Arrangements for Legal Aid - Conditional Fee Arrangements for Legal Aid Conditional Fee Arrangements for Legal Aid 1

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Conditional Fee Arrangements for Legal Aid Conditional Fee Arrangements for Legal Aid 1
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Conditional Fee Arrangements for Legal Aid Introduction Legal aid has passed through a long and troubled history, where experiences by individuals have resulted to different and deeply ambivalent attitudes towards the wheels of justice, in respect to poor people. Debates concerning legal aid and conditional fee agreements, have more than often had misleading rationale concerning legal aid, that start from incorrect premises which usually lead to mistaken outcomes. Moreover, legal aid should be viewed in the context of juridification of everyday life. There is a struggle in the constitutionalising process with a government’s move to exercise individual rights, and bureaucratize legal aid in to form part in the administrative structure. Disputes often occur in the modern commercial and social environments. Some of these disputes can lead to litigation, and sometimes the claimants might be unwilling in striving for justifiable claims in courts, because of the expenses they might occur in pursuing this course of action. In addition, to the perspective one loses a case, they are forced to meet one’s personal legal costs and as well to the heeded opponent. Legal aid enable many people meet to put forth their claims, where it could not have been possible before with the aspect of conditional fees perspective. The aim of this study is to evaluate the facts about legal aid, and advantages and disadvantages in regard to conditional fee arrangement for legal aid. Conditional Fee Arrangements and Legal Aid Since the introduction of conditional fee arrangements or agreements from 1995, has enabled many people to make claims which could not have been afforded previously. Individuals are able to put forth claims for compensation regardless of financial status or social status. When the service was introduced, it only covered a number of limited cases, but was extended to cover civil cases proceedings, in 1998 2
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Conditional Fee Arrangements for Legal Aid with the exception of family cases. Conditional fee arrangement was initiated to replace legal aid, so as to encompass individuals who were out of the bracket in litigation cases. Order 1995 of the Conditional Fee Arrangement (CFA), which was implemented in July 1995 in England, gave provisions to certain Courts and Legal Services Act of 1990, concerning various types of proceedings which could be covered through conditional fee agreements. These encompassed insolvency and injury matters and proceedings brought forth to the European Court of Human Rights (Baik, 2007 p.355). The maximum success fee allowed is placed at 100 percent towards the solicitor’s cost. Personal injury proceedings which claim for damages incase of a person’s death, impairment or disease, are extended in a defense case set on conditional fees with the words “in which”, with the claim set to one element only. In addition the clause “in respect of”, seeks to embrace negligence claims that may arise from the handling of a case in personal injury. Moreover, for the conditional fee
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  • Spring '16
  • Legal Aid, Contingent fee, conditional fee, Conditional fee arrangements

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