A solicitor can apply for an amended legal aid certificate for enforcement in the same Court if, but only if, any of the following circumstances are met
- Fresh proceedings are not involved and the court Order requires a certain action to take place immediately or creates an immediate liability that is not met; or
- where the application for the amendment is made no later than 4 months from the date that the Registrar signs the order(s) to which the enforcement proceedings refer.
If neither of these conditions are applicable, then the applicant must make a new application for legal services and it will be processed in the same way as any new application.
You acted for the Plaintiff in a personal injuries matter in the Dublin Circuit Court and obtained judgement for your client. The Defendant fails to meet the judgement. You can now apply for legal aid by way of amending the original certificate.
You acted for the Applicant in an application for a maintenance order in the Dublin Metropolitan District Court and the district judge granted the order sought. The maintenance debtor fails to meet the terms of the order. As the maintenance creditor your client wishes to take proceedings for an instalment order. This is a new application and they must complete a new application form.
It is possible for a solicitor to apply for additional services while applying for an amended certificate for a enforcement eg. Counsel. The appropriate enforcement fee is payable to Counsel.