How do people gain access to legal advice and representation, and how is litigation funded?
Access to justice and funding: the meaning of access to justice, the provision of legal advice and representation, public funding (legal aid) and its restriction, conditional fee agreements, and alternative sources of advice.
Access to justice and funding for WJEC A-Level Law Unit 1. Covers the meaning of access to justice, legal aid and its restriction under LASPO 2012, conditional fee agreements, and alternative sources of advice such as Citizens Advice and law centres.
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What this dot point is asking
This dot point covers access to justice: whether ordinary people can actually use the legal system, and how legal advice, representation and litigation are funded. You need to explain what access to justice means, describe legal aid and how it has been restricted, explain conditional fee agreements and other funding routes, and identify alternative sources of advice. WJEC frequently asks you to evaluate how well access to justice is achieved.
The answer
What access to justice means
Access to justice underpins the rule of law: a right that cannot be enforced because advice and representation are unaffordable is of little value.
Public funding: legal aid
In civil cases, LASPO 2012 removed many areas from the scope of legal aid, including most family, welfare benefit, debt, employment and housing matters, leaving funding only for limited categories such as cases involving domestic abuse or risk to life or liberty. In criminal cases, legal aid remains available for serious matters, subject to a means test and the interests of justice test (which considers, for example, the risk of imprisonment and the complexity of the case).
Conditional fee agreements and other funding
The main funding routes are:
- Conditional fee agreements (CFAs): "no win, no fee" arrangements where the lawyer is paid only if the case succeeds, usually with a success fee on top of normal costs. They are common in personal injury claims and shift the risk away from the client.
- Private funding: the client pays the lawyer directly, giving free choice but at high cost.
- Legal expenses insurance and trade union funding, which cover the cost of certain claims.
- Pro bono work, where lawyers act free of charge.
Alternative sources of advice
Free or low-cost advice is provided by Citizens Advice, law centres, university law clinics, and pro bono schemes such as the Bar Pro Bono Unit (Advocate). These help fill the gap left by the contraction of legal aid, though their capacity is limited.
Examples in context
The LASPO cuts are the heart of the modern debate. Before 2012, legal aid covered a wide range of civil problems, including many family and housing disputes; after LASPO, large areas were taken out of scope, so people facing eviction, benefit problems or family breakdown often cannot get funded advice. The result has been the growth of "advice deserts", areas with no local legal aid provider, and a sharp rise in litigants in person who must represent themselves, which can slow courts and disadvantage the unrepresented. Conditional fee agreements partly fill the gap for personal injury claims, where a damages award can fund the lawyer's success fee, but they do nothing for the many disputes that do not produce a money award. This is why evaluation questions on access to justice almost always turn on whether the remaining routes are enough.
Try this
Q1. What two tests govern eligibility for legal aid? [2 marks]
- Cue. A means test (the applicant's finances) and a merits test (the strength and value of the case).
Q2. What is a conditional fee agreement? [2 marks]
- Cue. A "no win, no fee" arrangement where the lawyer is paid, usually with a success fee, only if the case succeeds.
Q3. Discuss the extent to which there is access to justice in England and Wales. [12 marks]
- What the marker wants. A definition of access to justice, the routes that support it (legal aid, CFAs, ADR, free advice), then evaluation of the LASPO 2012 cuts, advice deserts and litigants in person, with a balanced conclusion.
Exam-style practice questions
Practice questions written in the style of WJEC exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
WJEC 201912 marksExplain the sources of funding available to a person bringing a legal claim.Show worked answer →
An AO1 task rewarding the main funding routes with their key features.
Public funding (legal aid): state funding of advice and representation for those who qualify on means and merits. In civil cases its scope was sharply cut by LASPO 2012, which removed many areas (such as most family, welfare and housing matters) from scope. Criminal legal aid remains for serious cases, subject to means and the interests of justice test.
Conditional fee agreements ("no win, no fee"): the lawyer is paid only if the case succeeds, usually with a success fee; common in personal injury claims.
Other routes: private funding, trade union and insurance-backed funding (legal expenses insurance), and pro bono work.
Strong answers evaluate the impact of LASPO on access to justice.
WJEC 202112 marksDiscuss the extent to which there is access to justice in England and Wales.Show worked answer →
An AO1/AO2 task rewarding evaluation of access to justice.
Define access to justice: the ability of people to use the legal system to enforce their rights and resolve disputes, including affordable advice, representation and courts.
Outline what supports it: legal aid (where available), conditional fee agreements, alternative dispute resolution, tribunals, and free advice from Citizens Advice and law centres.
Then evaluate the gaps: the cuts under LASPO 2012 removed legal aid from many civil areas, creating "advice deserts" and rising numbers of litigants in person; means tests exclude many on modest incomes; and court and legal costs deter claims.
Strong answers reach a balanced judgement, recognising both the routes that exist and the serious limits since 2012.
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Sources & how we know this
- WJEC GCE AS/A Level Law specification (from 2017) — WJEC (2017)