Magee -v- Farrell & ors [2009] IESC 60 (28 July 2009)

Magee -v- Farrell & ors [2009] IESC 60 (28 July 2009)

There is no constitutional right to State-funded legal representation at a coroner's inquest. The right to legal aid recognized in The State (Healy) v Donoghue is confined to criminal proceedings where the individual's liberty is at stake and does not extend to inquisitorial or fact-finding proceedings such as inquests. The High Court decisions relied upon by the plaintiff do not support a broader constitutional entitlement to legal aid in such circumstances.

Citation
[2009] IESC 60
Parties
Plaintiff/respondent: Teresa Magee; Defendant/appellant: Brian Farrell; Defendant/appellant: Minister for Justice, Equality and Law Reform; Defendant/appellant: Ireland; Defendant/appellant: Attorney General
Jurisdiction
Ireland
Judgment Date
28 July 2009
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court order set aside; plaintiff's claim dismissed
Legal Topics
Legal Aid, Right to Fair Procedures, Coroners Inquest, Constitutional Rights, Access to Justice
Constitutional Law Administrative Law Human Rights Law Legal Aid Right to Fair Procedures Coroners Inquest Constitutional Rights Access to Justice

Case Brief

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Parties

Teresa Magee

Plaintiff/respondent

Brian Farrell

Defendant/appellant

Minister for Justice, Equality and Law Reform

Defendant/appellant

Ireland

Defendant/appellant

Attorney General

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether there is a constitutional right to State-funded legal representation at a coroner's inquest
  2. 2 Whether the right to legal aid extends beyond criminal proceedings to inquisitorial inquests

Ratio Decidendi

There is no constitutional right to State-funded legal representation at a coroner's inquest. The right to legal aid recognized in The State (Healy) v Donoghue is confined to criminal proceedings where the individual's liberty is at stake and does not extend to inquisitorial or fact-finding proceedings such as inquests. The High Court decisions relied upon by the plaintiff do not support a broader constitutional entitlement to legal aid in such circumstances.

Court Disposition

Appeal allowed; High Court order set aside; plaintiff's claim dismissed

Orders

  • Order of the High Court requiring State-funded legal representation for the plaintiff at the inquest is set aside
  • Plaintiff's claim for State-funded legal aid at the inquest is dismissed