Judgment: 2025-02-18 · Court archive

High Court to hear submissions on legal aid recommendation in further Rogers judicial review

The court noted Linda Rogers’s application under the Legal Aid – Custody Issues Scheme and scheduled a hearing to consider whether her proposed case is arguable.

High Court · [2025] IEHC 94

Who, what, where, when and why

Who
  • Linda Rogers (Applicant)
  • Mary Rose Gearty (Judge)
What

The court noted Linda Rogers’s application under the Legal Aid – Custody Issues Scheme and scheduled a hearing to consider whether her proposed case is arguable.

Where

Places mentioned in the report

  • Store Street Garda Station
When

Judgment:

Other dates in the report
  • 15 March 2023

    The application arises from public order convictions following an incident at Store Street Garda Station on 15 March 2023. Ms Rogers previously brought judicial review proceedings concerning the investigation and court hearings before her trial. The High Court refused to prohibit the trial in May 2024 and later refused leave to apply for judicial review in July 2024. The judgment says she appealed both decisions to the Court of Appeal and appealed her convictions, with the conviction appeal pending in the Circuit Court at the time of the judgment.

  • 20 January 2025

    On 20 January 2025, Ms Rogers made a further application in the judicial review ex parte list on grounds arising from the same events and sought a Scheme recommendation. The judgment says she submitted a form with financial information but had not confirmed an application to the Legal Aid Board or identified lawyers to instruct.

Why

Read the report below for the decision and any reasons given.

The High Court has scheduled a hearing for 10 March 2025 to consider whether Linda Rogers has an arguable case in a further proposed judicial review and should receive a recommendation for legal aid under the Legal Aid – Custody Issues Scheme.

In a judgment delivered on 18 February, Ms Justice Mary Rose Gearty noted the application for a Scheme recommendation and said Ms Rogers would be invited to make submissions. The court has not yet decided whether to recommend legal aid. The judge said a recommendation would be made if an arguable case remains after considering whether it is answered by principles against relitigating matters already determined, or matters that could have been raised in earlier proceedings, and against judicial review of High Court decisions.

The application arises from public order convictions following an incident at Store Street Garda Station on 15 March 2023. Ms Rogers previously brought judicial review proceedings concerning the investigation and court hearings before her trial. The High Court refused to prohibit the trial in May 2024 and later refused leave to apply for judicial review in July 2024. The judgment says she appealed both decisions to the Court of Appeal and appealed her convictions, with the conviction appeal pending in the Circuit Court at the time of the judgment.

On 20 January 2025, Ms Rogers made a further application in the judicial review ex parte list on grounds arising from the same events and sought a Scheme recommendation. The judgment says she submitted a form with financial information but had not confirmed an application to the Legal Aid Board or identified lawyers to instruct.

The judge explained that an application for the Scheme is made at the start of proceedings, while any court recommendation is made at their conclusion. The Scheme is non-statutory, and the Legal Aid Board retains discretion over payment. The court’s task at this stage is to consider whether the case falls within the Scheme and warrants legal representation; the judgment applied an arguability test, asking whether the case has some prospect of success.

No final decision on the Scheme recommendation was made in this judgment. The matter was listed for 10 March 2025 at 12.30pm for submissions on arguability.

Read the original court judgment

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