{"id":29530,"date":"2023-11-27T08:04:04","date_gmt":"2023-11-27T08:04:04","guid":{"rendered":"https:\/\/legalblog.ie\/?p=29530"},"modified":"2023-12-09T22:55:32","modified_gmt":"2023-12-09T22:55:32","slug":"civil-legal-aid-2","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/civil-legal-aid-2\/","title":{"rendered":"Civil Legal Aid"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/civil-legal-aid-2\/#Background\" title=\"Background\">Background<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/civil-legal-aid-2\/#Initial_Scheme\" title=\"Initial Scheme\">Initial Scheme<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/civil-legal-aid-2\/#Statutory_Scheme\" title=\"Statutory Scheme\">Statutory Scheme<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/civil-legal-aid-2\/#Qualification_for_Aid\" title=\"Qualification for Aid\">Qualification for Aid<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/civil-legal-aid-2\/#Exclusions\" title=\"Exclusions\">Exclusions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/civil-legal-aid-2\/#Requirement_for_Applicant\" title=\"Requirement for Applicant\">Requirement for Applicant<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/civil-legal-aid-2\/#Courts_Tribunals_Covered\" title=\"Courts &amp; Tribunals Covered\">Courts &amp; Tribunals Covered<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Background\"><\/span>Background<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Many claims for personal injury are taken on a contingency basis. \u00a0This is sometimes described as no foal no fee.\u00a0 This means that legal fees are charged only if the case is successful.<\/p>\n<p>Strictly speaking an agreement of this nature is void at law as against public policy which discourages the promotion of litigation and the taking of a stake in another&#8217;s litigation.\u00a0 In the United Kingdom, formal provision has been made for contingent fees arrangements.<\/p>\n<p>Free legal aid centres have operated on a voluntary basis with ad hoc support from Governmental and other Departments for over almost 40 years.\u00a0 The participants are voluntary and are not always qualified solicitors.\u00a0 Their remit is relatively narrow and is usually limited to advice on State benefits entitlements and family law matters.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Initial_Scheme\"><\/span>Initial Scheme<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the case of Airey v Ireland, a case was taken by a woman who had sought to initiate separation proceedings in the High Court but had been unable to secure legal assistance.\u00a0 The European Court of Human Rights declared that the State was in breach of its obligations to provide access to court, where legal assistance was required for effective access.<\/p>\n<p>The State was held to be in breach of its obligations where legal aid was not available in cases where it was necessary due to the complexity of the case. Because the separation procedure was complex, the Court found that the rights had been breached by failure to provide legal aid in the circumstances.<\/p>\n<p>In response to the case, the Government established a non-statutory Scheme of Legal Aid in 1979. \u00a0A Legal Aid Board was established, and a number of Law Centres were opened staffed by solicitors.\u00a0 Solicitors in the Centres provided legal advice and aid, including the initiation of certain types of case.<\/p>\n<p>The scheme was poorly funded, although the position improved over time.\u00a0 The relatively narrow scope and coverage were such that questions were raised as to whether the State was in compliance with its international obligation.<\/p>\n<p>In a number of High Court cases, the courts began to hold that in effect, the right of access to the courts, being a Constitutional right and that the failure to provide an effective scheme might breach that right.\u00a0 Awards were made against the State for the delay in providing legal aid where there was breach of duty, due to a delay in considering grant of legal aid.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Statutory_Scheme\"><\/span>Statutory Scheme<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Civil Legal Aid Act, 1995 placed the scheme on a statutory basis.\u00a0 This established the Legal Aid Board.\u00a0 The Legal Aid Board is appointed by the Minister for Justice. \u00a0Two members are barristers, two are solicitor and two are staff members of the Board.<\/p>\n<p>The Legal Aid Board must, subject to resources, provide legal aid and advice in cases to persons who meet eligibility the criteria.\u00a0 They also have functions to disseminate information regarding their services.<\/p>\n<p>The service is provided by full-time employees, who are based in Law Centres.\u00a0 A percentage of employees are solicitors. The Board may provide a panel of solicitors who are available to provide legal aid and advice. \u00a0This is equivalent to the criminal panel.<\/p>\n<p>Legal aid and advice may be given verbally or in writing.\u00a0 It is generally limited to the law of the State although exceptionally advice in relation to the law of another state may be permitted.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Qualification_for_Aid\"><\/span>Qualification for Aid<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In order to qualify for civil legal aid, a person must meet both a means test and a test in relation to the merits of the case.\u00a0 Legal aid will not be granted unless in the Board&#8217;s opinion, a reasonably prudent person who could afford to engage the relevant services would be likely to do so and a solicitor or barrister would be likely to advise such a person to proceed at his own expense<\/p>\n<p>The means test requires that the person satisfies eligibility criteria and pay a contribution. Eligibility depends on disposable income, which is gross income net of necessary expenditure and disposable capital. \u00a0The value of a house is generally excluded.<\/p>\n<p>Regulations are made setting out the disposable income levels for qualification for Civil Legal Aid.\u00a0 Disposable income must be less than [\u20ac18,000]. A minimum contribution of [\u20ac10 euro] is required if disposable income is above a certain amount.\u00a0 Between the thresholds, the contribution share is one-tenth of the difference between disposable income or both the threshold subject to a maximum contribution.<\/p>\n<p>Disposable capital is considered for civil legal aid but not civil legal advice.\u00a0 If his disposable capital exceeds [\u20ac100,000] the person is ineligible for legal aid.<\/p>\n<p>Exceptionally, the Board may grant legal aid without reference to means and may waive a contribution.\u00a0 This may be done if there would be otherwise undue hardship to the applicant.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Exclusions\"><\/span>Exclusions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Civil legal aid may not cover criminal matters.\u00a0 This is covered exclusively by the criminal legal aid scheme.<\/p>\n<p>Legal advice may be provided in respect of the excluded matters listed below in respect of which legal aid is excluded.\u00a0Legal aid (litigation) is excluded for<\/p>\n<ul>\n<li>defamation,<\/li>\n<li>conveyancing<\/li>\n<li>claims made as a personal representative or trustee.<\/li>\n<li>Class actions<\/li>\n<li>Test cases<\/li>\n<li>Licensing<\/li>\n<li>Small claims procedures,<\/li>\n<li>land and property claims<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Requirement_for_Applicant\"><\/span>Requirement for Applicant<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A legal aid certificate is granted to a successful applicant for legal aid.\u00a0 The applicant must<\/p>\n<ul>\n<li>satisfy the eligibility criteria,<\/li>\n<li>have reasonable grounds of instituting, defending, or being a party to the proceedings,<\/li>\n<li>would be reasonably likely to succeed in the proceedings for which aid is sought, and<\/li>\n<li>proceedings must be the most satisfactory means of achieving the result<\/li>\n<li>having regard to all the circumstances it is reasonable to rant the application (including the costs versus likely benefit)<\/li>\n<\/ul>\n<p>In practice, personal injuries cases are rarely funded.<\/p>\n<p>The latter criteria relating to likely success, cost v benefit and other methods of resolution do not apply to matters concerning child, welfare or access. It does not imply to guardianship, child abduction and custody case.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Courts_Tribunals_Covered\"><\/span>Courts &amp; Tribunals Covered<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Legal aid may be granted for any court. \u00a0The case must be taken in the lowest court having jurisdiction.<\/p>\n<p>Legal aid is not available for Workplace Relations Commissions cases although this was proposed, subject to budgetary resources.\u00a0 Legal aid may be permitted in prescribed courts and tribunals subject to ministerial order.<\/p>\n<p>Legal aid does not apply to the social welfare appeals tribunal.<\/p>\n<p>It includes legal aid and advice in relation to refugee status.\u00a0 Such cases came to represent a significant percentage of all cases in the first decade of the millennium.<\/p>\n<p>The Legal Aid Board is comprised of over 100\u00a0 solicitors and total staff 490, Its budget was [\u20ac60 million].<\/p>\n<p>Legal aid has been used predominantly in family cases.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-29530\" data-postid=\"29530\" class=\"themify_builder_content themify_builder_content-29530 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Background Many claims for personal injury are taken on a contingency basis. \u00a0This is sometimes described as no foal no fee.\u00a0 This means that legal fees are charged only if the case is successful. Strictly speaking an agreement of this nature is void at law as against public policy which discourages the promotion of litigation [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[392],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29530"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=29530"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29530\/revisions"}],"predecessor-version":[{"id":30084,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29530\/revisions\/30084"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=29530"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=29530"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=29530"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}