Civil legal aid and cross border disputes

Introduction

If you are living in Ireland and have a legal dispute in another EU country (except Denmark) you may be able to get legal aid in the other country. Access to legal aid in cross border disputes for residents of EU member states is provided under Council Directive 2003/8/EC which established minimum common rules relating to legal aid for such disputes. An application form for legal aid was established by Commission Decision 2004/844/EC (pdf), while Commission Decision 2005/630/EC (pdf) established a form for the sending of applications between countries.

The appropriate authority in Ireland to apply to for legal aid if you are involved in a cross border dispute is the Legal Aid Board.

Rules

Each member state has its own financial rules and eligibility criteria. They are modified to some extent for applicants and should take into consideration differences in the cost of living between the country you are living in and the country where you have the legal dispute.

The scope of legal aid schemes and the qualifying criteria can differ between countries. As a result, where you may get legal aid in Ireland for a particular legal dispute, you may not qualify for legal aid in another country due to the differences in the schemes. Similarly, you may qualify for legal aid abroad, when you would not qualify in Ireland. In deciding whether to grant legal aid, the importance of the case to the applicant should be taken into account.

How to apply

If you are living in another EU country and have a legal dispute in Ireland, you can apply to the appropriate authority in that country or directly to the Legal Aid Board.

If you are living in Ireland and have a legal dispute in another EU country you can apply to the Legal Aid Board or to the appropriate authority in that country.

If your case is in England and Wales, Scotland, or Northern Ireland, you can contact the legal aid authority there directly for information on applying for legal aid:

  • Legal Aid Agency (England and Wales) (0044) 845 345 4 345
  • Scottish Legal Aid Board (0044) 131 226 7061
  • Legal Services Agency Northern Ireland (048) 9040 8888

You can download the application form from the Board's website. If the application is submitted to the Legal Aid Board, it will transmit your application for legal aid to the appropriate authority in the other country.

You will be required to provide confirmation of your main sources of income and expenditure, such as:

  • A copy of your latest payslip
  • A copy of your social welfare payment slip
  • Receipts for child care expenses
  • Rent book/mortgage statement

The Legal Aid Board will translate these documents before transmitting them, if necessary.

Where to apply

Applications should be sent to the Legal Services Support Unit at the

The Legal Aid Board

Quay Street
Caherciveen
Kerry
V23 RD36
Ireland

Tel: 066 947 1000
Locall: 1890 615 200
Page edited: 18 December 2019