{"id":29547,"date":"2023-11-27T08:19:03","date_gmt":"2023-11-27T08:19:03","guid":{"rendered":"https:\/\/legalblog.ie\/?p=29547"},"modified":"2023-12-09T21:51:52","modified_gmt":"2023-12-09T21:51:52","slug":"civil-scope-procedure","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/civil-scope-procedure\/","title":{"rendered":"Civil Scope &#038; Procedure"},"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-scope-procedure\/#Legal_Aid_Board\" title=\"Legal Aid Board\">Legal Aid Board<\/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-scope-procedure\/#Grant_of_Legal_Aid\" title=\"Grant of Legal Aid\">Grant of Legal Aid<\/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-scope-procedure\/#Non-Qualification_Other_Services\" title=\"Non-Qualification &amp; Other Services\">Non-Qualification &amp; Other Services<\/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-scope-procedure\/#Legal_Advice\" title=\"Legal Advice\">Legal Advice<\/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-scope-procedure\/#Criteria_for_Grant\" title=\"Criteria for Grant\">Criteria for Grant<\/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-scope-procedure\/#Refusal_of_Legal_Aid\" title=\"Refusal of Legal Aid\">Refusal of Legal Aid<\/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-scope-procedure\/#Non-Application\" title=\"Non-Application\">Non-Application<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/civil-scope-procedure\/#Exceptions\" title=\"Exceptions\">Exceptions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/civil-scope-procedure\/#Financial_Eligibility_I\" title=\"Financial Eligibility I\">Financial Eligibility I<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/civil-scope-procedure\/#Financial_Eligibility_II\" title=\"Financial Eligibility II\">Financial Eligibility II<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Legal_Aid_Board\"><\/span>Legal Aid Board<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A basic civil legal aid scheme was established as an administrative scheme after Airey v Ireland judgments in the European Court of Human Rights in 1979.\u00a0 The civil legal aid scheme was put on a statutory footing by the Civil Legal Aid Act 1995.\u00a0 The Act established the Legal Aid Board.<\/p>\n<p>The Board consists of a Chairman and 12 ordinary members appointed by the Minister for Justice.\u00a0 The members are appointed from persons who have experience of law, practice and procedures of courts, business, finance, management, administration, consumer, or social affairs or any other subject which would in the opinion of the Minister be of assistance to the Board in the performance of their functions.<\/p>\n<p>Two members shall be barristers and two members shall be solicitors. Each should have \u00a0practised for not less than seven years.\u00a0 Two shall be members of the Board.\u00a0 At least five shall be men and at least five shall be women. The Board has a term of five years, and a member may not be appointed for more than two terms.<\/p>\n<p>The principal function of the Board is to provide within its resources and subject to the legislation, legal aid and advice, in cases where a \u00a0person satisfies the requirements of the Act.\u00a0 The Board must disseminate information on its services and their availability.\u00a0 Additional functions may be conferred on the Board.<\/p>\n<p>The Minister may make general policy directives with which the Board must comply.\u00a0The Board has staff and chief executive. The Board is financed by the State and by contributions made by persons as mentioned below.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Grant_of_Legal_Aid\"><\/span>Grant of Legal Aid<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person shall not be granted legal aid or advice unless in the opinion of the Board a reasonably prudent person his means were such that a reasonably prudent person, whose means were such that the cost of seeking such services at his or her own expense, while representing a financial obstacle to him or her would not be such as to impose undue hardship upon him or her, would be likely to seek such services in such circumstances at his or her own expense and the solicitor or barrister acting reasonably would be likely to advise him or her to obtain such services at his or her expense.<\/p>\n<p>Legal advice means all oral and \u00a0written advice given by a solicitor or barrister engaged by the Board on \u00a0the application of the laws of the State to any circumstances which have arisen in relation to that person and therefore any steps which a person might appropriately take having regard to the application of the law of the state to those circumstances.\u00a0 It includes assistance given by such solicitor or barrister or any person taking steps referred to above, whether by way of assisting a person to take such steps or taking the steps on their behalf including the conduct and defence of civil legal proceedings on that person\u2019s behalf.<\/p>\n<p>The Boards will grant legal advice if in its opinion the applicant satisfies the financial eligibility criteria and the criteria as to merits.<\/p>\n<p>The Legal Aid Board may provide advice and aid through Law Centres established under the legislation.\u00a0 A person shall be entitled to apply for legal aid or advice through a Law Centre irrespective of his place of residence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Non-Qualification_Other_Services\"><\/span>Non-Qualification &amp; Other Services<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Civil legal aid does not apply to criminal matters.\u00a0 This is the subject of separate scheme under the Criminal Justice Legal Aid act, 1962.\u00a0 It does not apply to certain types of case or matters below.<\/p>\n<p>It is not available in relation to a matter in which the Board considers it would be possible for the person without hardship to obtain the appropriate advice without legal advice under the Act.<\/p>\n<p>Where a person would qualify, but for the fact that the matter concerns to law of another State the person may be entitled to guidance or assistance in relation to the matter as the Board deems appropriate.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Legal_Advice\"><\/span>Legal Advice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a person receives legal advice (non-litigation) and subsequently legal aid (litigation assistance) in relation to the same matter, it is deemed a single matter for the purpose of the contribution requirements below.<\/p>\n<p>A person who receives legal advice may be obliged to comply with such requirements as are reasonably considered expedient to enable the Board to satisfy itself that it is reasonable for the person to continue to receive legal advice.\u00a0 The Board may cease to grant legal advice where it considers such as no longer reasonable for the person to continue to receive it where the person ceases to qualify with the eligibility requirement.<\/p>\n<p>Legal aid means representation by a solicitor of the Board or barrister in any civil proceedings and includes all such assistance usually given by a solicitor or where appropriate a barrister in contemplation of or ancillary to proceedings.\u00a0 It applies to civil procedures other than those excepted below conducted in any of the courts or tribunals prescribed by the Minister for the Civil Legal Aid Act.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Criteria_for_Grant\"><\/span>Criteria for Grant<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person is not granted civil legal aid unless a certificate for civil legal aid is sought and granted.\u00a0 The Board is to \u00a0grant a civil legal aid certificate if<\/p>\n<ul>\n<li>it is of the opinion that the applicant satisfies the financial eligibility criteria.<\/li>\n<li>the applicant, as a matter of law has reasonable grounds for instituting, defending or being a party to the proceedings<\/li>\n<li>the applicant is reasonably likely to be successful assuming the facts put forward by him or her in relation to proceedings are proved<\/li>\n<li>the proceedings are the most satisfactory way in the circumstances, having regard to the cost by which the results sought by the applicant or a more satisfactory one can be achieved and<\/li>\n<li>having regard to the circumstances including the probable cost to the Board it is reasonable to grant it.<\/li>\n<\/ul>\n<p>The above criteria are relaxed significantly in the case of matters concerning the welfare, including the custody of a child.<\/p>\n<p>The Board must grant a civil legal aid certificate where it is by virtue of international treaty obliged to grant civil legal aid to a person.\u00a0 This is subject to such terms and conditions if any as may be specified in that international obligation of the State.<\/p>\n<p>There are special provisions in relation to international trials, child abduction, international assistance provisions in relation to international enforcement of maintenance where obligations apply to the State via the treaty.<\/p>\n<p>The Board may require a person who is granted legal aid to comply with requirements as it considers expedient or that it considers reasonable to continue to receive legal aid.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Refusal_of_Legal_Aid\"><\/span>Refusal of Legal Aid<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Board may refuse legal aid certificate if<\/p>\n<ul>\n<li>It is of the opinion that the applicant may obtain the cost of the proceedings through a body or association of which he is a member.<\/li>\n<li>The applicant has on a previous occasion obtained legal aid or advice within the meaning of the Scheme or under this Act in respect of another matter and has, without reasonable explanation, failed to comply with the terms on which such legal aid or advice was granted,<\/li>\n<li>The costs of engaging a solicitor or where necessary, a barrister would be less than the contribution payable by him below.<\/li>\n<li>The information reasonably required by the Board to enable it to make a decision has not been provided.<\/li>\n<li>Due to act or remission of the applicant, the \u00a0below mentioned provisions cannot be complied with (Section 37).<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Non-Application\"><\/span>Non-Application<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Legal aid is not to be granted in respect of<\/p>\n<ul>\n<li>property disputes,<\/li>\n<li>defamation,<\/li>\n<li>small claims matters,<\/li>\n<li>licensing,<\/li>\n<li>conveyancing,<\/li>\n<li>election petitions,<\/li>\n<li>trustee\/representative obligations where the person is entitled to be indemnified<\/li>\n<li>proceedings which are brought as a member of a group for the purpose of establishing a precedent,<\/li>\n<li>any other matters as may be prescribed.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Exceptions\"><\/span>Exceptions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Legal aid may be granted notwithstanding the above in respect of the defence of certain of the above matters. Notwithstanding the above and subject to other provisions of the Act, legal aid may be granted in relation to<\/p>\n<ul>\n<li>residential property disputes in relation to family home and disputes between spouses as to ownership of property.<\/li>\n<li>disputes affecting an applicant\u2019s home where the person who suffers from infirmity of mind or body or may have been subject to duress or undue influence such that a refusal of legal aid would cause hardship to the applicant.<\/li>\n<li>an assent of a family home in the context of probate where it would cause hardship not to do so.<\/li>\n<li>in licensing matters, if the granting of the licence the subject of the dispute would cause hardship.<\/li>\n<li>a conveyancing matter in which legal aid or advice has already been granted.<\/li>\n<\/ul>\n<p>An application for legal aid may not be refused only by reason of the fact that a successful outcome would benefit persons other than the applicant.<\/p>\n<p>The Minister may, by regulations vary some of the above provisions.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Financial_Eligibility_I\"><\/span>Financial Eligibility I<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The person must comply with financial eligibility criteria and pay a contribution to the Board in order to qualify for legal aid or legal advice.\u00a0 In accordance with the regulations, legal aid or advice may be provided without reference to personal resources and the contribution otherwise required may be waived or reduced.<\/p>\n<p>The applicant\u2019s financial eligibility is set by reference to his disposable income and where appropriate, disposable capital. Any \u00a0contribution payable shall be assessed by reference to disposable income or disposable capital in accordance with criteria laid down in regulations.\u00a0 When disposable capital exceeds a specified amount, legal aid which would be otherwise available is not available.<\/p>\n<p>If in the opinion of the Board the behaviour of a person applying for or a receipt of legal aid or advice are such that the costs are likely to be unnecessarily increased, the Board may having notified the person of its intention to do so, may refuse to grant legal advice or legal aid or decrease the amount which would otherwise be payable.\u00a0 It may increase the person\u2019s contribution.\u00a0 It may cease to provide legal advice or increase the contribution.<\/p>\n<p>If, in the opinion of the Board an applicant has disposed of capital or income in order to deprive himself of resources to qualify for legal aid, he may be treated as if he still holds such resources.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Financial_Eligibility_II\"><\/span>Financial Eligibility II<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Generally, the Minister may make regulations for the purpose of anything under the Act and to give effect to it.\u00a0 He may prescribe the maximum amount of disposable income an eligible person may to earn and the maximum amount of disposable capital.\u00a0 He may make provision for information to be provided by the applicant.\u00a0 It may make provision for duties of solicitors of the Board, refund of costs and conditions in which legal aid and advice shall be available.<\/p>\n<p>Under the current financial eligibility requirements, a person\u2019s annual disposable income must be less than \u20ac18,000.\u00a0 Capital resources other than home are taken into account.\u00a0 If they exceed \u20ac320,000 the person may not qualify for civil legal aid.<\/p>\n<p>In order to calculate disposable income, there is deducted from the gross income allowances and amounts for dependents, spouse, children, \u00a0accommodation costs, childcare and \u00a0income tax. The amount of income after deductions is assessed.<\/p>\n<p>Documentary evidence must be produced.\u00a0 The allowances for deductions for accommodation, children, childcare, et cetera are subject to maximum and are less if the amount actually incurred is less. Capital resources other than the family home are assessed.\u00a0 Allowances are given for loans by way of deduction against the same.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-29547\" data-postid=\"29547\" class=\"themify_builder_content themify_builder_content-29547 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Legal Aid Board A basic civil legal aid scheme was established as an administrative scheme after Airey v Ireland judgments in the European Court of Human Rights in 1979.\u00a0 The civil legal aid scheme was put on a statutory footing by the Civil Legal Aid Act 1995.\u00a0 The Act established the Legal Aid Board. The [&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\/29547"}],"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=29547"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29547\/revisions"}],"predecessor-version":[{"id":30067,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29547\/revisions\/30067"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=29547"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=29547"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=29547"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}