Access To Justice Flashcards
What articles relate to access?
34.1 requires justice to be administered in public
40.4.2 expressly confers right of access to courts
40.3 held access is implicit, Unenumerated personal constitutional right
Self represented litigants?
Has surged in family & debt enforcement
5% HC & 33% COA cases
What groups are able to afford legal representation?
Corporations
Wealthy individuals
Low income eligible for legal aid
Deferred fee PI claims
Pro bono claims
Criminal legal aid
What initiatives were introduced in response to rise in litigants in person?
Guidelines on court services website
Mabs & insolvency service
Legal advise vouchers through abhaile
SC legal assistance scheme for pro bono
Weekly common law motions
Legal aid?
Clear litigant in person may be given more latitude
Real concern high cost of legal services is a barrier for many individuals
High legal costs prompted legal services regulation act 2015
Included office of legal costs adjudicator to address affordability for middle
Additional to legal cost regulations?
Ongoing debate whether should be funded publicly
Pro bono & public litigation provide some relief, state intervention remains crucial
Criminal legal aid?
Criminal justice legal aid act 1962 established system for legal aid in serious criminal cases
The Dtate (Healy) v Donoghue (illiterate)
SC held sentences invalid, D must be informed of right to LA if they cannot afford it
Legal aid act 1962 criteria?
S2: persons means insufficient / essential in interests of justice
Legal assistance assigned from panel based on fee per case model
Legal aid Reform?
Fees set below market rates have led to periodic shortages
2019 Goverment legislation system proposed updating criteria & public defender system rejected
Criminal legal aid review committee found existing model of choice are key strengths, avoiding inexperience & heavy caseloads
Civil legal aid changes?
O’Shauhhnessy HC ruled 1962 act not unconstitutional for lacking civil aid provisions however view is outdated following Healy v Donoghue
Government appointed committee on civil LA in 1977
Airey case challenged lack of civil aid scheme as violation of echr
Government issued scheme in 1979 in response which was later placed on statutory basis
Civil legal aid act criteria?
S28(2):
Financial eligibility
Reasonable grounds
Likely to be successful
Proceedings are most satisfactory means of achieving result
Court Fees?
Not charged for family or criminal judicial review proceeding
1972 committee on court practice & procedure reccomended abolishing fees
Murphy v Minister for justice SC ruled reasonable court charges do not breach CR to access, suggesting individuals should not be overburdened
Court Fees?
Not charged for family or criminal judicial review proceeding
1972 committee on court practice & procedure reccomended abolishing fees
Murphy v Minister for justice SC ruled reasonable court charges do not breach CR to access, suggesting individuals should not be overburdened
