High Court reserves judgment in challenge to new criminal legal aid payment scheme

The case challenges the legality of the new fixed-fee criminal legal aid scheme, which has prompted widespread disruption in the courts

High Court to rule on solicitor's challenge to legal aid payment model in October.

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

Ms Justice Mary Rose Gearty said on Friday that she will deliver her judgment on October 13 in the case brought by John Quinn, which seeks to quash the statutory instrument underpinning the new payment model.

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

On behalf of justice minister Jim O'Callaghan, it is argued that the introduction of the new scheme falls within the Minister's statutory powers.

The Law Society, which is a notice party to the proceedings, submits that Mr Quinn's challenge is well founded.

Dispute over new payment model

The minister has become embroiled in a dispute with solicitors who oppose the new payment model.

Some solicitors have withdrawn their services in protest at the new arrangements, which came into effect earlier this month.

The action has resulted in significant disruption across the criminal justice system.

Under the new legal aid payment model, solicitors receive a fixed fee of €520 to represent a client in the District Court, regardless of the number of court appearances required.

Previously, solicitors were paid on a per-appearance basis.

Ms Justice Gearty heard submissions from counsel for Mr Quinn, the Minister and the Law Society over two days this week.

At the conclusion of Friday's hearing, she said judgment would be delivered on October 13.