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  • 09-08-2014 5:54pm
    #1
    cheekymonkey1
    Registered Users Posts: 8 ✭


    As a result of advice pre a court case and agreeing to settle pre case as advised by my legal team , do i have any right to appeal or is it tough luck you settled. the barrister did not use all material provded to defend the case and stated he had read the papers and was familiar with it which he clearly did not, as i had to explain what was contained in the reports , my solicitor did not get plaintiffs damage report until 2 weeks pre case and supposedly it was in existence for more than the last 12 months and did not furnish me with an written estimate of what the costs would be, any point complaining to relevant authorities? , am paying for this have been advised badly from start i feel. chalk it to experience and get new solicitor?


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    #2
    conorh91
    Registered Users Posts: 3,328 ✭✭✭conorh91


    There is nothing to appeal.

    Incompetence, or any material disadvantage of a party to a settlement, has repeatedly been held to be insufficient to overcome an agreed settlement in Irish law.

    It is even more clear cut when the legal representatives are alleged to be negligent.

    The Client retains ultimate responsibility for the decision to settle at all times.

    If you are dissatisfied with the manner in which your representation was conducted, you can make a complaint to the Bar Council or the Law Society, or take action through the courts.

    In taking a civil case, however, you should be aware that the courts will look dimly upon an action that is perceived to be an abuse of process, or an attempt to re-litigate a matter that has been dealt with.


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    #3
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    cheekymonkey1 wrote: »
    As a result of advice pre a court case and agreeing to settle pre case as advised by my legal team , do i have any right to appeal or is it tough luck you settled. the barrister did not use all material provded to defend the case and stated he had read the papers and was familiar with it which he clearly did not, as i had to explain what was contained in the reports , my solicitor did not get plaintiffs damage report until 2 weeks pre case and supposedly it was in existence for more than the last 12 months and did not furnish me with an written estimate of what the costs would be, any point complaining to relevant authorities? , am paying for this have been advised badly from start i feel. chalk it to experience and get new solicitor?

    So many contradictions in your post the most glaring "barrister did not use all material provded to defend the case" how in gods name could he or she use any papers to defend a case that was settled before hearing.


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