What is meant by access to justice?

Access to justice is the practical ability of a person to enforce or defend their legal rights, which requires knowing that a right exists, obtaining advice on it, and being able to bring or defend a case.

Why is a legal right of little value without access to justice?

A rule the state will enforce only for those who can pay for advice and representation gives no real protection to those who cannot, so equality before the law becomes formal rather than actual.

How does a legal right differ from a moral claim, and why does funding matter to the difference?

A legal right can be enforced through the courts while a moral claim depends on persuasion, but that difference is real only for a person who can actually get a court to hear them.

When was the modern legal aid scheme created?

It was created by the Legal Aid and Advice Act 1949, as part of the post-war settlement that also established the National Health Service.

What did the Access to Justice Act 1999 do?

It replaced the earlier scheme with the Legal Services Commission and divided provision between a Community Legal Service for civil work and a Criminal Defence Service for criminal work.

WJEC AS-Level Law 603-1978-1

Law Making in Wales and the UK

Topic overview Legal rules, sources of law and the rule of law Parliamentary sovereignty, the separation of powers and the Royal Prerogative The composition and role of Parliament The legislative process at Westminster The Senedd and law making in Wales The devolution settlement and the role of the Supreme Court Influences on law making and law reform

Delegated Legislation

Topic overview The nature and authority of delegated legislation Statutory instruments By-laws and Orders in Council Delegated legislation in Wales and the devolution settlement Parliamentary controls on delegated legislation Control by the courts and judicial review Reasons for delegated legislation and its advantages and disadvantages

Statutory Interpretation

Topic overview The need for statutory interpretation The literal rule The golden rule The mischief rule The purposive approach and European influence Rules of language, presumptions and intrinsic aids Extrinsic aids, the Human Rights Act 1998 and evaluating the approaches

Judicial Precedent

Topic overview The doctrine of precedent and stare decisis Ratio decidendi and obiter dicta Binding and persuasive precedent The hierarchy of the courts in England and Wales The Supreme Court and the Practice Statement Overruling, reversing and distinguishing Advantages and disadvantages of precedent

The Civil Courts and Dispute Resolution

Topic overview Civil liability, civil claims and the civil process The structure and jurisdiction of the civil courts Appeals in civil cases Juries in civil cases Tribunals Arbitration Mediation, conciliation and negotiation

The Criminal Process and the Criminal Courts

Topic overview Classification of offences and the criminal process The magistrates' courts and the Crown Court Appeals in criminal cases The jury at trial: verdicts, secrecy and the coroner's jury Criticisms of and alternatives to the jury system The aims and theories of sentencing Sentencing powers and the sentencing of youths

Legal Personnel and the Judiciary

Topic overview Barristers: training, role and rights of audience Solicitors: training, role and work Legal executives and paralegals Regulation of the legal professions and the fusion debate The judiciary: hierarchy, role and selection Judicial independence, the rule of law and the constitutional position Lay magistrates and district judges

Access to Justice and Funding

Topic overview Access to justice and the development of legal aid Civil legal aid: scope and services Means testing, merits testing and the statutory charge Criminal legal aid and the Public Defender Service Conditional fee agreements and private funding Advice agencies and other sources of help Evaluating access to justice after the 2012 reforms

Tort: Rules and Theory

Topic overview The nature and origins of the law of tort Categories of tort and the interests protected Fault and strict liability Corrective justice and the economic justification Retributive and distributive justice in tort Theories of justice and the balancing of interests Criticisms of the tort system Reform and alternatives to tort

Tort: Negligence

Topic overview Duty of care and the neighbour principle The Caparo test and the modern approach Breach of duty and the reasonable man Factors affecting the standard of care Causation in fact and in law Remoteness of damage and the thin skull rule Psychiatric injury: primary and secondary victims

Tort: Occupiers' Liability

Topic overview Occupiers, premises and visitors The common duty of care under the 1957 Act Child visitors Skilled visitors, contractors and warnings Liability to trespassers under the 1984 Act Comparing the two Acts Evaluating occupiers' liability

Tort: Remedies

Topic overview The purpose of damages in tort Special and general damages Mitigation and contributory negligence The form of a damages award Injunctions Other remedies and the limitation of actions Evaluating remedies in tort

Access to Justice and Funding

7 subtopics
21 things to know
AS Unit 1

What Access to Justice and Funding covers

Access to Justice and Funding is examined in AS Unit 1, The Nature of Law and the Welsh and English Legal Systems. It covers access to justice and the development of legal aid, civil legal aid: scope and services, means testing, merits testing and the statutory charge, criminal legal aid and the Public Defender Service, conditional fee agreements and private funding, advice agencies and other sources of help and evaluating access to justice after the 2012 reforms.

Where it is assessed

AS Unit 1

The Nature of Law and the Welsh and English Legal Systems.

Check the WJEC specification ↗

The 7 subtopics

Each one has its own page. WJEC AS Law students sit this topic in the first year.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

Why have criminal legal aid fees become a source of dispute?

Key term

What is qualified one-way costs shifting?

Numbers

Which statute governs legal aid today?

Key term

Name four categories of civil work that remain within the scope of legal aid.

Key term

What is a contribution?

Key term

What is pro bono work?

Key term

What effect did the 2012 legal aid reforms have on the number of unrepresented parties?

Key term

Which body administers legal aid?

Key term

Name four categories of civil work taken out of scope in 2013.

Key term

What is the merits test?

Key term

Is advice at the police station means tested?

Numbers

Which statutes permitted conditional fee agreements?

Key term

Name two organisations providing specialist legal help in Wales.

Key term

Why is a rise in litigants in person described as a false economy?

Key term

What is a legal aid contract?

Key term

What is legal representation, and what is investigative help?

Key term

How do prospects of success affect a grant of civil legal aid?

Key term

Why is police station advice provided free to everyone?

Numbers

Who pays the success fee under the current rules?

Key term

What did Barton v Wright Hassall (2018) decide about litigants in person?

Evaluation

Give two arguments in defence of the 2012 reforms.

Take Access to Justice and Funding further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

Means test vs Merits test
Means test: asking whether the applicant can afford to pay. Merits test: asking whether the case is strong and valuable enough to fund.
Legal help vs Legal representation
Legal help: funding advice and assistance short of a hearing. Legal representation: funding the conduct of the case in court.
Conditional fee agreement vs Damages-based agreement
Conditional fee agreement: paying the lawyer normal charges plus an uplift if the case is won. Damages-based agreement: paying the lawyer an agreed share of whatever the client recovers.

Questions from this topic

Each one with the model answer underneath.

1
What is meant by access to justice?
Model answer
Access to justice is the practical ability of a person to enforce or defend their legal rights, which requires knowing that a right exists, obtaining advice on it, and being able to bring or defend a case.
2
Why is a legal right of little value without access to justice?
Model answer
A rule the state will enforce only for those who can pay for advice and representation gives no real protection to those who cannot, so equality before the law becomes formal rather than actual.
3
How does a legal right differ from a moral claim, and why does funding matter to the difference?
Model answer
A legal right can be enforced through the courts while a moral claim depends on persuasion, but that difference is real only for a person who can actually get a court to hear them.
4
When was the modern legal aid scheme created?
Model answer
It was created by the Legal Aid and Advice Act 1949, as part of the post-war settlement that also established the National Health Service.
5
What did the Access to Justice Act 1999 do?
Model answer
It replaced the earlier scheme with the Legal Services Commission and divided provision between a Community Legal Service for civil work and a Criminal Defence Service for criminal work.
6
Which statute governs legal aid today?
Model answer
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 governs legal aid, and its main provisions took effect in April 2013.

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Law Making in Wales and the UK

Delegated Legislation

Statutory Interpretation

Judicial Precedent

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Roles v Nathan ( ).

196319411945

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AThe defendant owed the victim a duty of care and breached it.

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Access to Justice and Funding revision questions

Is Access to Justice and Funding examined at AS in WJEC Law?: Yes. It sits in AS Unit 1, which you take in the first year, so it is on the AS paper as well as counting towards the full A level.
What does Access to Justice and Funding cover in WJEC AS-Level Law?: 7 subtopics: access to justice and the development of legal aid, civil legal aid: scope and services, means testing, merits testing and the statutory charge, criminal legal aid and the public defender service, conditional fee agreements and private funding, advice agencies and other sources of help and evaluating access to justice after the 2012 reforms. Each one has its own page with questions and model answers.
How is Access to Justice and Funding organised?: By the WJEC 603-1978-1 specification, subtopic by subtopic, so it matches the order you are taught it in.

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