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In 2011/12 the cost of running the non-criminal business administered by Her Majesty's Courts and Tribunals Service (HMCTS) was around £713m. Of this amount 67% was funded through fees (£480m) with the remaining 33% funded by the taxpayer (£233m). The tax-payer subsidy is made up of two elements: fees set below full-cost levels and; fee income foregone under a system of fee remissions (waivers). The Government's overall aim is to reduce the taxpayer subsidy for the civil business by ensuring that fee income covers 100% of the cost of providing services, minus the income foregone to the remission system. The proposals in this consultation paper can be summarised as follows: introduction of a single remissions system across the civil and tribunal business operated by Her Majesty's Courts and Tribunals Service (including the Gender Recognition Panel) and the UK Supreme Court; amendment to the benefits which will be accepted as proof of entitlement to a fee remission, to account for the introduction of Universal Credit; introduction of a disposable capital test to the eligibility criteria; removal of a qualifying benefit for "Working Tax Credit but not also in receipt of Child Tax Credit"; introduction of a single tapered income assessment to replace the existing Remission 2 and 3 criteria; removal of fees paid in respect of photocopying and searches from the scope of the remission provisions; and reduction of the time period in which to apply for a retrospective fee remission from six months to two months
This outlines the background and responses to Consultation paper CP 15/2013, Cm. 8608 (ISBN 9780101860826). It covers the reforms of the fee remission system; next steps; summary of responses and resultant policy changes. In summary the changes are: the amendment of the disposable capital test to include more thresholds and the provision of a different threshold for those aged 61 or over; amendments and clarifications to the terms of the disposable capital test; the addition of more excluded benefits under the gross monthly income test; time period in which to apply for a retrospective fee remission to be three rather than two months; and application of the same eligibility test to prisoners and their partners. The government intends to implement the changes by Statutory Instrument by October 2013.
Changes to the fees charged for using civil courts will mean hard-working taxpayers will no longer be left footing so much of the bill for operating them. At present around £100m of running costs have to be found from general taxes each year. Under the new proposals put out for consultation, the fees for civil courts (not criminal courts) will be adjusted to address the shortfall. The proposals include: Scrapping the £75 application fee for domestic violence injunctions; Increasing the fees for cases involving claims for money (for example, a claim for compensation) on a sliding scale, with a maximum fee of £1,870 - and considering moving in future to a system where the fee is calculated as a percentage of the amount under dispute in the court case; Introducing a percentage-based system for commercial proceedings (disputes whether a contract has been fulfilled) as well as charging a daily rate for the time they spend in court; Introducing a standard fee of £270 for civil cases which are not about claims for money (applying for someone to be declared insolvent or to repossess property for example) - instead of the current mixture of fees. Fees would stay the same for cases involving sensitive family issues including child contact, divorce financial disputes and adoption applications - as well as a reduction in the fee for local authorities to apply to take a child into care. People who cannot afford court fees do not have to pay - they can apply for waivers using the means-tested remissions system
Navigate the extensive jurisdiction and powers of the Court of Protection. The Court of Protection affects an ever increasing number of people, among whom are some of the most vulnerable members of society. They need the best support and protection that the law and legal profession can provide. A Practitioner's Guide to the Court of Protection is written by practitioners whose individual and combined experience provide an invaluable guide to the law and practical application. The new Fourth Edition covers both the property and affairs and the welfare parts of the Court's jurisdiction, with new and expanded chapters covering: - The Court of Protection Rules 2017 - Case management pathways - Welfare and Deprivation of Liberty - Private international law - The practical application of the Mental Capacity Act 2005 - Lasting and Enduring Powers of Attorney - Case law, practice and procedure of the Court of Protection - Latest guidance and practice notes from the Office of the Public Guardian It is essential reading for anyone involved in Court of Protection practice including private client practitioners, mental health practitioners, family law practitioners, deputies, local authorities, accountants, Independent Mental Capacity Advocates, Welfare Accredited Legal Representatives, and advocates.
Marson and Ferris' Business Law provides a thorough account of the subject for students on Business degrees. It introduces students to the essential topics by exploring current and pertinent examples. It emphasizes the importance of cases and demonstrates the relevance of the law in a business environment.
This discerning book provides a wide-ranging comparative analysis of the legal and social policy challenges posed by the spread of different forms of precarious work in Europe, with various social models in force and a growing ‘gig economy’ workforce. It not only considers the theoretical foundations of the concept of precarious work, but also offers invaluable insight into the potential methods of addressing this phenomenon through labour regulation and case law at EU and national level.
In May 2011, the Department for Work and Pensions commissioned the Social Security Advisory Committee to undertake an independent review of passported benefits and how they link with Universal Credit. Passported benefits were defined as those additional benefits to which working-age claimants on certain means-tested benefits and tax credits are automatically entitled. The SSAC broadly considered them in four groups: education, health, utilities and access to justice. They did not consider Housing Benefit or Council Tax Benefit, and referred only briefly to benefits within the Social Fund. The SSAC found that all passported benefits fulfill important needs, are highly valued by those who receive them and make significant social contributions. Options for the future should not undermine policy objectives and it is unlikely that one approach will suit all passported benefits. Review respondents identified a tension between three key factors: reducing complexity, making work pay while maintaining a range of policy objectives and keeping costs neutral. One of the simplest solutions offered was extending eligibility for passported benefits to everyone receiving UC. This option, though, would not meet the constraint of cost-neutrality. Alternatively income thresholds within UC could be imposed, below which claimants are automatically entitled to receive certain passported benefits. To alleviate the cliff-edge it would also be possible to: impose an earnings disregard, allow the benefit to run-on for a period of time after the cut-off point has been reached, withdraw the benefit in a stepped taper. The Coalition Government recognises the opportunities and challenges but notes that there has already been a considerable amount of work undertaken and believes there is scope to deliver
Available Open Access under CC-BY-NC licence. In a world dominated by austerity politics and policies, Advising in austerity provides a lively and thought-provoking account of the conditions, consequences and challenges of advice work in the UK, presenting a rare and rich view of the world of advice giving. Based on original research it examines how advisors negotiate the private troubles of those who come to Citizens Advice Bureaux (CAB) and construct ways forward. Exploring how advisors are trained, the strong contributor team reflect on the challenges facing Citizens Advice Bureaux in the future, where austerity will ensure that the need for advice services increase, while funding for such services declines.
Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.
A contextual, rigorous treatment of employment law, featuring a running case example to show exactly how the law works, and including extracts from key cases and source materials.