Brett -v- District Judge Coughlan & Anor [2011] IEHC 540 (09 June 2011)

Brett -v- District Judge Coughlan & Anor [2011] IEHC 540 (09 June 2011)

The District Judge erred in law by treating the legal aid application as res judicata despite a material change of circumstances, including a new and more serious charge and the fact that the trial was now to be on indictment. The applicant was entitled to make a fresh application, and the District Judge had...

Source-derived case information.

Citation
[2011] IEHC 540
Parties
Applicant: Gerard Brett; Respondent: District Judge Coughlan; Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
09 June 2011
Procedural Posture
Judicial Review / Judgment on Application to Quash District Court Decision
Outcome
Decision of District Judge Coughlan quashed
Legal Topics
Legal Aid, Res Judicata, Judicial Review, Jurisdiction of District Court
Criminal Law Administrative Law Legal Aid Res Judicata Judicial Review Jurisdiction of District Court

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Parties

Gerard Brett

Applicant

District Judge Coughlan

Respondent

Director of Public Prosecutions

Respondent

Procedural Posture

Judicial Review / Judgment on Application to Quash District Court Decision

Legal Issues

  1. 1 Whether District Judge Coughlan erred in refusing to entertain a fresh legal aid application on the basis of res judicata
  2. 2 Whether a material change of circumstances justified a new application for legal aid
  3. 3 Whether the District Judge had jurisdiction to consider the application

Ratio Decidendi

The District Judge erred in law by treating the legal aid application as res judicata despite a material change of circumstances, including a new and more serious charge and the fact that the trial was now to be on indictment. The applicant was entitled to make a fresh application, and the District Judge had jurisdiction to consider it.

Court Disposition

Decision of District Judge Coughlan quashed

Orders

  • District Judge Coughlan's refusal to entertain the legal aid application is quashed
  • Applicant entitled to apply afresh for legal aid in respect of the new charge and changed circumstances