Access to Justice Fund

The P.A. Duffy & Co Access to Justice Fund provides financial support to individuals and communities who face barriers to getting legal advice and representation. It exists so that cost is not the reason someone is unable to uphold their rights.

Access to justice is a cornerstone of a democratic society. P.A. Duffy & Co sets aside 10% of its corporate professional fees to support the Fund, so that people who might otherwise be unable to pursue their rights can obtain legal representation.

The Fund is open to individuals, groups and communities. It focuses in particular on cases that raise issues of wider public interest, where the outcome could benefit others as well as the people directly involved.

If you believe the Fund may be able to assist you, the information below explains who may apply, how we assess applications and what you can expect once you have applied.

Who May Apply

The Fund is open to individuals, groups and communities who face barriers in obtaining legal advice and representation. You may apply on your own behalf, on behalf of another person, or on behalf of a group or community. Where you are applying on behalf of someone else, we will ask you to confirm that you have their consent to do so.

The Fund supports cases which are in the public interest. Put simply, these are cases which raise issues that matter beyond the people directly involved, and which have the potential to benefit others, the wider community or society as a whole. The public interest can take many forms, and no area of law or type of issue is excluded.

How We Assess Applications

Every application is considered individually and on its own merits. There is no fixed checklist, and no single factor will determine the outcome. Applications are assessed by reference to what is known as a means and merits test:

The means test considers your financial circumstances and whether cost is a barrier to you taking your matter forward. The merits test considers the strength of your case and its wider importance.

Wider Benefit

In reaching a decision, we will wish to understand who else may benefit if your issue were resolved or successfully challenged. Cases which have the potential to make a difference for a wider group of people are at the heart of the Fund’s purpose.

Strength of Your Case

We will take an honest and balanced view of the strength of your case. You do not need to be certain of success, but it will assist us if you can explain clearly how you view your prospects and why. If you have already received written legal advice, please enclose a copy with your application.

Financial Circumstances
We will consider whether cost is preventing you from pursuing your matter, and whether you have sought or received any other funding or assistance, such as legal aid.

Time Limits
Strict time limits usually apply to legal proceedings, and these normally run from the date of the event or decision with which you are concerned. Please tell us of any deadlines, urgent time limits or forthcoming court or tribunal hearings so that we can take them into account.

The Wider Context
We will also consider the wider context of your case, including whether anyone else has sought to raise or challenge the same issue, and whether your case is connected to a wider campaign. You do not need to be involved in a campaign in order to apply.

How decisions are made
Once you have submitted your application, it will proceed through the following stages.

1. Review of Your Application

Your application will be carefully considered by solicitors in our Human Rights and Public Law team. The decision is made by the Director of the team, who will apply their professional knowledge and judgement to the legal issues raised.

2. Notification of Timescale

We will let you know when you can expect to hear from us. Should we require any further information in order to assess your application, we will contact you to request it.

3. Notification of Outcome

We will write to you to confirm whether your application has been approved or refused. An application may be refused for one or more of the following reasons:

• it does not sufficiently meet the means test (your financial circumstances);
• it does not sufficiently meet the merits test (the legal strength and wider importance of your case);
• there are alternative remedies, such as a complaints procedure or an appeal, which must first be pursued before the application can be considered;
• we have not been provided with sufficient detail or information to reach a decision;
• or the Fund has reached its annual limit.

Right of Reconsideration

If your application is refused, you may ask us to reconsider it where new evidence has come to light, or where you believe that something important was not taken into account. To do so, please write to us setting out the new evidence or the matter which you believe was overlooked.

Your request will be considered by the firm’s Chairman, independently of the team which assessed your original application. The Chairman will make a final decision, and we will write to you to confirm the outcome.

Before You Apply

Before you begin, you may find it helpful to gather any letters, decisions or other documents relating to your case, and to note any key dates. The application form will ask about your circumstances, the background to your case, who else is affected and your financial position.

All applications are treated with care and in the strictest confidence. Please be aware that submitting an application does not guarantee that we will be able to take on your case or provide funding.