Can I provide information to the free Legal Aid Board on why an application by a person that I am taking an action against should not be granted free legal aid,such as - in this case that person has already had two different solicitors handling his case for short periods.Our information;This person has built a new three bedroom bungalow home within last four years and paid for,got a brand new car one and half years ago and earlier this year took one month holiday in Canada with a family member,the dispute at issue relates to a free site he received from his brother who signed the transfer of ownership document without checking it ,to later discover that the document had been amended so as to enlarge the site.
On behalf of my brother I am trying to have this case concluded as its having a severe impact on him and his wife who suffers from a nervous disorder,he has his own legal team but the other person is also in dispute with the planning authority over the site entrance and a court action by them is pending,his action seems to be delay .
1. At the outset, the Legal Aid Board must conduct its own means assessment of an individual obtaining Legal Aid from them. There is no procedure under the Regulations whereby third parties can make submissions as to why any person should or should not get Legal Aid. You risk being sued for defamation if you make false assertions about a person's means. However, if you believe fraud is being committed, then you should report it to the GArdai. Under the law, the GArdai have power to investigate any offence of fraud being committed. Additionally, the law protects you with a qualified privilege when you are making statements which you believe to be true in relation to the commission of a crime. Finally, you should realise that Legal Aid is assessed on the basis of a person's income (<18k). A person may not have a great income and be entitled to legal aid, even if they have a house and a car.
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