IN 2024, the Limerick Law and Family Mediation Centre saw 614 law centre clients. 259 of those were new clients.
The Centre, and the Legal Aid Board in general, provide legal advice and legal aid representation in civil matters and are responsible for the provision of family mediation services.
When it comes to funding a case, the Board considers whether an average person would be willing to go to court if they were paying for it with their own money. They also consider if a solicitor/barrister acting reasonably would recommend that going to court based on the facts and if the client was paying privately.
The Board may examine other factors such as the grounds for the case, best scenarios for dispute resolution, likelihood of winning a case, and the cost to the taxpayer against the benefit a client might receive if they win.
Where the welfare of a child is at stake – for example in cases where the State is trying to take children into care, or a dispute over who has custody of a child – the Board does not take into account winning or the cost/benefit of representation.
The Department of Justice is responsible for the administration of the Criminal Legal Aid Scheme.
The Legal Aid Board manages the administration of three ad hoc criminal legal aid schemes – the Garda Station Legal Advice Revised Scheme, the Legal Aid Custody Issues Scheme, and the Criminal Assets Bureau Ad-hoc Legal Aid Scheme.
Legal Aid Board services do not cover legal services to a person charged with a criminal offence appearing before the courts.
Criminal law matters are not dealt with by Limerick Law & Family Mediation Centre or by the Legal Aid Board in general, other than services provided by the Legal Aid Board to victims of crime in relation to counselling records and in applications to cross-examine a victim on prior sexual history. They received six applications for such legal services in 2024.
Overall, 259 first consultations took place in the Law Centre in 2024, 177 for family law matters and 82 for other non-family matters, including Part 5 capacity applications and Part 6 discharge applications under the Assisted Decision Making (Capacity) Act 2015, victim representation in specific cases as mentioned above, civil restraining order cases, landlord and tenant, contract, and torts.
Counting the costs
The net costs for providing legal services in Limerick Law and Family Mediation Services was €1,440,573 in 2024. Incorporated in these figures are all costs associated with Limerick Law and Family Mediation Centre.
Separately, the Legal Aid Board administers three ad hoc criminal legal aid schemes on behalf of the Department of Justice, one of which is the Legal Aid Custody Issues Scheme. During 2024, the scheme covered legal fees totalling €31,111.60 for persons detained in Garda stations in Limerick.
There is no application to court for civil legal aid. Only the Legal Aid Board, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 -2021 can grant legal aid and advice to an applicant in a civil matter.
An applicant who wishes to receive civil legal aid services must apply to the Legal Aid Board for aid and advice. Members of the judiciary have no authority to grant civil legal aid.
A judge is the sole decider in whether a person charged with a criminal offence should be granted legal aid.
In terms of the three ad-hoc schemes the Board administers, two work on the basis of a recommendation by the court but subject to the schemes’ terms.
Applications may also be made for personal injuries and medical negligence claims, claims in equity, contract and tort, international protection and human trafficking cases, assisted decision making matters, and for victim representation.
There are some civil matters excluded under the Civil Legal Aid Act, including defamation, licensing matters, and certain cases involving disputes over land. Legal aid is also not provided for in cases before most tribunals including the Workplace Relations Commission or the Social Welfare Appeals Office.
 – Court Reporting Scheme