The Access to Justice Act received Royal Assent on July 27, 1999 ( Commencement Orders SI 1999/2657, SI 1999/3344, SI 2000/774, SI 2000/1920, SI 2000/3280, SI 2001/168 and SI 2001/916)



BASIC POSITION

Save where action is taken in the civil courts or a case goes to the Court of Appeal, employment tribunals are not directly affected by the Access to Justice Act 1999. Nor are employment tribunals directly affected by the civil justice reforms and changes to court rules made following the Woolf report, designed to improve procedures in the civil courts which came into effect on 26th April 1999.

A main purpose of the Access to Justice Act 1999 is to replace the legal aid system in England and Wales with two new schemes administered by a new "Legal Services Commission" replacing the Legal Aid Board. The two new schemes are the "Community Legal Service" fund, replacing legal aid in civil and family cases, and the "Criminal Defence Service". The idea in both cases is to secure legal services for the less well off through contracts with "quality assured providers". Criteria for deciding whether to fund or continue to fund services are set out in "the Funding Code", made under the Access to Justice Act 1999 s.8 which came into force on 1st April 2000.

The changes do not affect employment tribunal matters as there has never been legal aid for them in England or Wales (see notes at Legal aid for the position in Scotland).

Commencement orders brought the bulk of the Access to Justice Act 1999 into force by 1st April 2000. The Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000, SI 2000/774 also makes transitional arrangements and savings relating to the replacement of the legal aid scheme under the Legal Aid Act 1988 by the new scheme established under the Access to Justice Act 1999, in particular in regard to existing cases.

Also on 1st April 2000 new Conditional Fee arrangements come into force (see the Conditional Fee Agreements Regulations 2000 SI 2000/692 and the Conditional Fee Agreements Order 2000 SI 2000/823). Solicitors and their clients will continue to be able to agree a "success fee" uplift of up to 100% (save in certain family proceedings). Successful litigants can recover success fees, and related insurance premiums, from their unsuccessful opponents and there are special arrangements for collective conditional fee agreements (the Collective Conditional Fee Agreements Regulations 2000 SI 2000/2988).

For relevant general notes see as appropriate under Legal Aid and/or Procedure of Employment Tribunals/a general introductory note .


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updated July2000.




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