Last amended by Legal Aid, Sentencing and Punishment of Offenders Act 2012 in 2012. Replaced the Legal Services Commission with the Legal Aid Agency, reformed CFA cost recovery (abolishing recovery of success fees and ATE premiums from the losing party), and recast the scope of civil legal aid.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Access to Justice Act 1999 reformed the legal aid system in England and Wales, replacing the Legal Aid Board with the Legal Services Commission. It established the Community Legal Service (for civil cases) and the Criminal Defence Service (for criminal cases). The Act also reformed conditional fee agreements ('no win, no fee') and rights of audience for solicitors.
Key Points
- Created the Legal Services Commission to replace the Legal Aid Board
- Established the Community Legal Service Fund for civil legal aid
- Created the Criminal Defence Service for publicly funded criminal defence
- Reformed conditional fee agreements (CFAs) — 'no win, no fee'
- Allowed recovery of success fees and insurance premiums from losing parties (later reversed by LASPO 2012)
- Extended rights of audience to employed solicitors
Parts & Sections
Amendments History
2012 — Legal Aid, Sentencing and Punishment of Offenders Act 2012
Replaced the Legal Services Commission with the Legal Aid Agency, reformed CFA cost recovery (abolishing recovery of success fees and ATE premiums from the losing party), and recast the scope of civil legal aid.
2007 — Legal Services Act 2007
Overhauled the regulation of legal services and superseded much of Part III, creating the Legal Services Board and the approved-regulator framework.
Frequently asked questions
- What body replaced the Legal Aid Board under the Access to Justice Act 1999?
- The Access to Justice Act 1999 replaced the Legal Aid Board with the Legal Services Commission. This new body was responsible for administering both the Community Legal Service for civil cases and the Criminal Defence Service for criminal cases. The Commission was later replaced by the Legal Aid Agency under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
- What are the Community Legal Service and the Criminal Defence Service?
- The Act established the Community Legal Service to fund civil legal services within a controlled budget. It also created the Criminal Defence Service to ensure individuals involved in criminal investigations or proceedings have access to advice, assistance, and representation as the interests of justice require. These services were administered by the Legal Services Commission.
- How did the Act change 'no win, no fee' agreements?
- The Act reformed conditional fee agreements, commonly known as 'no win, no fee' deals, allowing success fees in a wider range of proceedings. It also permitted successful parties to recover after-the-event insurance premiums and equivalent costs from losing parties. However, the recovery of these specific costs was later abolished by the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
- What changes did the Act make to solicitors' rights of audience?
- The Act reformed rights of audience and the right to conduct litigation. It granted employed advocates wider rights and removed certain restrictions on solicitors appearing in the higher courts. Additionally, it replaced the Lord Chancellor's Advisory Committee on Legal Education and Conduct with the Legal Services Consultative Panel to advise on legal education and conduct.
- How has the Access to Justice Act 1999 been changed by later legislation?
- The Legal Aid, Sentencing and Punishment of Offenders Act 2012 replaced the Legal Services Commission with the Legal Aid Agency. It also reformed cost recovery by abolishing the recovery of success fees and after-the-event insurance premiums from losing parties, and it recast the scope of civil legal aid available to the public.