Early hearing date sought in dispute over legal aid

High Court Reporters

Parties in a High Court dispute over a controversial new criminal legal aid payment model for the District Court are seeking an expedited hearing of the action.

The new model, which came into effect last week, has led to a severe backlash from solicitors and impacted work in the criminal justice system.

John Quinn, a lawyer at John M Quinn & Co Solicitors, was granted permission last week to bring an action seeking to quash the statutory instrument underpinning the new regulations.

He is suing the office of the Minister for Justice, with the Law Society of Ireland a notice party to the action.

Under the new payment model solicitors will receive a flat one-off legal aid fee of €520 irrespective of how many appearances they make to represent a client in District Court cases.

The previous criminal legal aid payments system was based on the number of appearances by a solicitor in court in a case.

On Tuesday, Feichín McDonagh, for Quinn, told Judge Mark Dunne that his client, the minister and the Law Society were “hopeful” that the dispute could be heard before the end of this month, the end of the legal term.

In the event that a hearing date this term is not possible, Counsel said his side would seek to have their application for an interim stay on the regulations taking effect heard before the end of the month.

The judge adjourned the case to Thursday.

Barrister Hugh McDowell, led by Eoin McCullough, appeared for the minister. Frank Kennedy appeared for the Law Society.