Judgment expected in October in challenge to new legal aid payment model

High Court Reporter

The High Court has reserved judgment in a solicitor’s legal challenge to the controversial new legal aid payment model.

Judge Mary Rose Gearty on Friday said she will deliver her judgment in October in John Quinn’s case, which seeks to quash the statutory instrument underpinning the new payment model.

Mr Quinn, a solicitor at John M Quinn & Co Solicitors in Dublin, argues that the statutory instrument’s regulations are “arbitrary, capricious and unjust”, and conflict with the provisions of the Criminal Justice (Legal Aid) Act 1962.

On behalf of the Minister for Justice Jim O’Callaghan, it is argued that introduction of the new scheme is within the Minister’s powers.

The Law Society, a notice party to the action, submits that Quinn’s case is well founded.

The Minister who introduced the model is embroiled in a dispute with solicitors opposed to it.

Some solicitors have withdrawn their services in protest at the new arrangement, which came into effect earlier this month. This has led to significant disruption in the criminal justice system.

The new legal aid payment scheme provides for a once-off legal aid fee of €520 irrespective of how many appearances solicitors make to represent a client in the District Court. Previously, solicitors were paid per appearance.

Ms Justice Gearty heard arguments on behalf of Quinn, the Minister and the Law Society over two days this week.

At the conclusion of Friday’s hearing, she said she would deliver judgment in the matter on October 13th.