If you need to go to Court, we will look at the merits of the case before we can allow a solicitor or barrister to represent you in Court.
We consider whether an average person would be willing to go to Court if they were paying for it with their own money. We also consider if a solicitor or a barrister acting reasonably would recommend that you go to court, knowing you were paying for it yourself and based on the facts of your case.
We may examine other factors such as:
- Do you have grounds for taking the case, or defending the case the other person is taking against you?
- Is it the best way of solving your dispute?
- Would you be likely to win your case?
- The cost to the taxpayer against the benefit you might receive if you win.
Where the welfare of a child is at stake – for example, in cases where the State is trying to take your children into care, or a dispute over who has custody of a child – we will not take into account whether or not you would be likely to win the case or a cost/benefit analysis.
Your solicitor will discuss the merits test with you, if you need to go to Court.