ENG-1987 — Page 55

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THE LEGAL SYSTEM

$15,000. Disposable income and capital are arrived at after 'allowances' have been deducted from actual earnings and capital of applicants. Legal aid is provided either free or on payment of a contribution, depending on the amount of the disposable income and capital.

In addition to financial eligibility, the applicant must satisfy the Director of Legal Aid in civil cases that he has a reasonable chance of succeeding in the litigation for which he seeks aid and in recovering the judgement debt thereafter. Legal aid is available for a wide range of civil proceedings in the District Courts, High Court, Court of Appeal, and appeals through the Judicial Committee of the Privy Council in London. Examples of civil proceedings that lie within the scope and jurisdiction of the department are: traffic accident claims, claims in respect of industrial accidents and employees' compensation, immigration matters, general ligitation cases involving landlord and tenant disputes and every branch of family law. An applicant who is refused légal aid may appeal against such refusal to the Registrar of the Supreme Court or in Privy Council cases to a Committee of Review.

The total estimated expenditure for 1987-8 was $37.5 million in civil cases. In 1987, 15 601 applications were received for legal aid in civil matters; 5 207 legal aid certificates were granted with the sum of $83.6 million being recovered for aided clients in civil cases.

In October 1984 the Supplementary Legal Aid Scheme was established in order to provide legal aid to those whose resources exceeded the financial limits under the existing scheme but whose ability to pursue a claim for substantial damages for death or personal injury in the High Court was jeopardised by a lack of means sufficient to instruct lawyers to conduct a privately-funded action.

A fund was set up, initially with moneys provided by way of an interest-bearing loan from the Lotteries Fund, to finance litigation instituted on behalf of those eligible under the scheme.

In place of the limit of financial eligibility under the existing scheme the supplementary scheme enables an applicant with a gross monthly income of $15,000 and disposable assets of $100,000 to apply. The same merits test is applied but instead of requiring a contribution as under the existing scheme, a successful litigant under the supplementary scheme pays a proportion of the damages he recovers back into the fund so as to assist further litigants in future litigation.

The total estimated expenditure in 1987-8 was $1.1 million. Since inception of the scheme, 290 applications have been received and 119 have been granted with 59 pending a decision as to the merits. During 1987, 84 applications were received of which 52 were granted, and 59 applications were pending.

The department was also actively engaged in the implementation of the Supplementary Traffic Accident Victims Assistance Scheme. The scheme was established by the govern- ment to provide compensation to those unable to recover compensation due to them as a result of road traffic accidents because of the failure of five motor insurance companies. The department acted as the processing agency for the 444 claimants, investigating their claims, assisting in the assessment of compensation and being responsible for making the appropriate payments. The total sum thus dispensed was in excess of $70 million.

Legal Aid in Criminal Cases

Legal aid is also available for criminal proceedings in the District Courts, High Court, Court of Appeal, the Judicial Committee of the Privy Council, for representation at proceedings in the Magistrates' Courts where the prosecution is seeking committal of a defendant to the High Court for trial and for assistance in preparing petitions for clemency