McDonagh v Legal Aid Board & anor [2018] IEHC 558 (12 October 2018)

McDonagh v Legal Aid Board & anor [2018] IEHC 558 (12 October 2018)

The Legal Aid Board's refusal to pay legal fees was ultra vires because the 2014 Judicial Review Proceedings fell within the scope of section 4(iii) of the Scheme, as they concerned a criminal matter and the applicant's liberty was at stake due to the reporting requirements under the Sex Offenders Act 2001, breach of which could result in imprisonment.

Citation
[2018] IEHC 558
Parties
Applicant: Bernie McDonagh; First Respondent: Legal Aid Board; Second Respondent: Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
12 October 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Order of certiorari granted; decision of the Legal Aid Board quashed as ultra vires and null and void.
Legal Topics
Legal Aid Custody Issues Scheme, Judicial Review, Sex Offenders Act 2001, Ultra Vires, Legal Aid Entitlement
Administrative Law Criminal Law Legal Aid Custody Issues Scheme Judicial Review Sex Offenders Act 2001 Ultra Vires Legal Aid Entitlement

Case Brief

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Parties

Bernie McDonagh

Applicant

Legal Aid Board

First Respondent

Minister for Justice and Equality

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Legal Aid Board's refusal to pay legal fees under the Legal Aid Custody Issues Scheme was ultra vires
  2. 2 Interpretation of the scope of the Legal Aid Custody Issues Scheme, specifically section 4(iii)
  3. 3 Whether the 2014 Judicial Review Proceedings concerned a criminal matter or the liberty of the applicant

Ratio Decidendi

The Legal Aid Board's refusal to pay legal fees was ultra vires because the 2014 Judicial Review Proceedings fell within the scope of section 4(iii) of the Scheme, as they concerned a criminal matter and the applicant's liberty was at stake due to the reporting requirements under the Sex Offenders Act 2001, breach of which could result in imprisonment.

Court Disposition

Order of certiorari granted; decision of the Legal Aid Board quashed as ultra vires and null and void.

Orders

  • Order of certiorari quashing the Legal Aid Board's decision of 5th September 2017 declining payment of legal fees under the Scheme.