Rogers v Director of Public Prosecutions & Ors (Approved) [2025] IEHC 94 (18 February 2025)

Rogers v Director of Public Prosecutions & Ors (Approved) [2025] IEHC 94 (18 February 2025)

The applicant must demonstrate an arguable case that is not precluded by res judicata or prior High Court determinations, and the Court cannot review High Court decisions. If such an arguable case remains, a recommendation under the Scheme may be made.

Citation
[2025] IEHC 94
Parties
Applicant: Linda Rogers; Respondents: Director of Public Prosecutions & Ors
Jurisdiction
Ireland
Judgment Date
18 February 2025
Procedural Posture
Judicial Review / Interlocutory Application for Recommendation Under Legal Aid Custody Issues Scheme
Outcome
Application for recommendation under the Legal Aid - Custody Issues Scheme noted; no final order made pending further submissions.
Legal Topics
Legal Aid, Judicial Review, Res Judicata, Access to Justice
Criminal Law Administrative Law Legal Aid Judicial Review Res Judicata Access to Justice

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Parties

Linda Rogers

Applicant

Director of Public Prosecutions & Ors

Respondents

Procedural Posture

Judicial Review / Interlocutory Application for Recommendation Under Legal Aid Custody Issues Scheme

Legal Issues

  1. 1 Whether the applicant is entitled to a recommendation for legal representation under the Legal Aid - Custody Issues Scheme for a proposed judicial review
  2. 2 Whether the application is precluded by res judicata or prior determinations
  3. 3 Whether the applicant has an arguable case warranting legal assistance

Ratio Decidendi

The applicant must demonstrate an arguable case that is not precluded by res judicata or prior High Court determinations, and the Court cannot review High Court decisions. If such an arguable case remains, a recommendation under the Scheme may be made.

Court Disposition

Application for recommendation under the Legal Aid - Custody Issues Scheme noted; no final order made pending further submissions.

Orders

  • Case listed for further submissions on 10 March 2025 at 12:30pm.
  • Applicant invited to make submissions on whether she has an arguable case not precluded by res judicata or prior High Court determinations.