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Sample letter upholding decision – direct to client

10th April 2015

Subject Matter: Defence of claim for liquidated sum
Review of: Decision to refuse legal aid

Dear Mr Markson,

On 10th March the application your solicitor made for legal aid for you in the above matter was refused. You have requested a review of this decision in the light of new information which you submitted on the 15th March 2015.  The information included the following (outline of information in narrative form and any additional materials)

The decision has now been reviewed in the light of the new information. The outcome of the review is as follows:

The decision made on 10th March 2015 to refuse legal aid stands.

This decision was made having regard to section

28(2)(c) and (d) of the Civil Legal Aid Act 1995

The reasons for the original decision to refuse legal aid were:

Section 28(2)(c): because you are not reasonably likely to be successful in the proceedings, assuming that the facts put forward by you in relation to the proceedings are proved before the court or tribunal concerned.

Reason: The claim is for a liquidated sum which you accept that you owe. There is no defence to these proceedings. Entering an Appearance will only delay judgement being obtained and increase your costs.

Section 28(2)(d): because having regard to all the circumstances of the case (including the probable cost to the Board, measured against the likely benefit to the applicant) it is not reasonable to grant it.

Reason: Contesting these proceedings will only increase your costs. There is no benefit to you in doing so. Having considered this, it is not considered reasonable  to grant legal aid.

You may appeal the original decision to an appeal committee, which consists of members of the Board of the Legal Aid Board. They will consider the appeal and take a decision, which will usually either be to confirm the original decision, or they may overturn the decision and grant legal aid. The Committee have wide powers and are not confined to either of these approaches.

If you wish to appeal you should write to me or fax me using the contact details at the top of this letter. You may also email me at info@legalaidboard.ie. Please include the word “Appeal” in the subject line and mark it for my attention.

If you decide to appeal you should do so as soon as possible as I must receive your appeal no later than one month from now.  Unfortunately if I receive your appeal after that time, the Committee will be unable to consider it.

Yours sincerely,

Jane Jones

Legal Services