Keena v. Brady & Anor [2004] IEHC 428 (15 December 2004)

Keena v. Brady & Anor [2004] IEHC 428 (15 December 2004)

The plaintiff failed to establish any legal basis for his claim that refusal of legal aid violated his constitutional rights or that the statutory instrument regulating legal aid was unconstitutional. The court found no stateable cause of action and dismissed the claim.

Citation
[2004] IEHC 428
Parties
Plaintiff: Patrick Keena; Defendant: Frank Brady; Defendant: The Legal Aid Board; Third Party: Ireland; Third Party: The Attorney General
Jurisdiction
Ireland
Judgment Date
15 December 2004
Procedural Posture
Civil / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Legal Aid, Equality Before the Law, Judicial Review, Right to Good Name
Constitutional Law Family Law Administrative Law Legal Aid Equality Before the Law Judicial Review Right to Good Name

Case Brief

Summary, issues, holding and outcome

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Parties

Patrick Keena

Plaintiff

Frank Brady

Defendant

The Legal Aid Board

Defendant

Ireland

Third Party

The Attorney General

Third Party

Procedural Posture

Civil / High Court Judgment

Legal Issues

  1. 1 Whether the plaintiff was entitled to legal aid to challenge a family law order
  2. 2 Whether refusal of legal aid violated constitutional rights including equality before the law, protection of the family, and right to good name
  3. 3 Whether the statutory instrument regulating legal aid was unconstitutional

Ratio Decidendi

The plaintiff failed to establish any legal basis for his claim that refusal of legal aid violated his constitutional rights or that the statutory instrument regulating legal aid was unconstitutional. The court found no stateable cause of action and dismissed the claim.

Court Disposition

Claim dismissed

Orders

  • Plaintiff's claim dismissed