Legal action in Budapest

Solas8

Hi,
Can anyone advise me regarding taking legal action against a company in Budapest.

I recently had dental work carried out there which bordered on or perhaps can be regarded as negligent. It cost me in excess of 5thousand and has all to be re-done.

If anyone has a recommendation for a solicitor can you please Pm me.

Thanks.

McCrack

Hi there,

It's not a complicated matter (relatively) serving legal papers to other undertakings within the EU and in the grand scheme of things your claim is quite an insignificant (I do appreciate it's significant to you) one for a lawyer considering what it's worth.

Any general practice solicitor will handle this, so make a telephone call to one near where you live/work.

dats_right

McCrack wrote: »

It's not a complicated matter (relatively) serving legal papers to other undertakings within the EU

Agree, but not of relevancy here as this is not the issue. The real issue is that the injury and cause of action seems to have occurred in Hungary and not in this jurisdiction. Meaning that it is far more than just serving legal proceedings, etc. it is actually a matter of where is the appropriate jurisdiction to initiate the claim? As Hungary is a member of the EU the Brussels I Regulation applies; and thefundamental jursidiction rule therein contained is that a defendant should be sued in the courts of the State in which they are domiciled. In the context of a company domiclie is where it has its statutory seat, central administration or principal place of business.

In certain circumstances there are exceptions to this general jurisdiction rule i.e. insurance and consumer contracts (i.e. a contract that is for the sale of goods) but none of these exceptions would seem to apply. Therefore, it is probable that the OP will be compelled to initiate proceedings regarding any claim that they may have in Hungary. Of course, it would therefore be necessary for the OP to consult a Hungarian lawyer to discuss whether they have any legal cause of action against the defendant. I'm not nor would I imagine are many Irish solicitors familiar with civil law jurisdiction rules on negligence and/or breach of contract, etc

McCrack wrote: »

Any general practice solicitor will handle this, so make a telephone call to one near where you live/work.

Not so sure that this is the case, owing to the fact that any legal claim would seem to lie in Hungary and solicitors are not qualified to advise in foreign law. By all means make a phone call and meet with a solicitor who will be able to take full instructions and particulars and will be in a position to advise more fully regarding jurisdictional issues, etc.

McCrack

Dats Right your textbook legal reasoning on jurisdiction is quite correct but I think it's fair to say that without a full appraisal of the facts of the OP situation the jurisdictional issue cannot be ascertained with certainty from reading the OP's post.

Therefore that's why I still maintain the first port of call is an Irish solicitor, not a Hungarian one.

Article 15 1 (c) of Reg 44/01 (Brussels) can be used to ground the cause of action in the plaintiff's place of abode where certain criteria are met and often in situations like the OP this is satisfied.

I am second guessing this however as I dont have a full picture.

Tom Young

I think you can sue in negligence here, under Order 11A of the Rules of the Superior Courts and pursuant to: Regulation 44/2001

The regulation applies to ‘civil and commercial matters’, excluding certain types of cases, such as those relating to matrimonial relationships, wills and succession, bankruptcy and the winding up of insolvent companies. The basic rule is laid down in Article 2(1) of the regulation, which provides that persons domiciled in a member state shall be sued in the courts of that member state. The convention goes on to identify the circumstances in which persons domiciled in a member state may be sued in the courts of another member state. The following are a few common examples of such circumstances:

1. In matters relating to a contract, a person may be sued in the courts of the member state of the performance of the contractual obligation in question (as defined).

2. In matters relating to tort, a person may be sued in the courts of the member state where the wrong occurred.

3. In any case, a person who is one of a number of defendants may be sued in the courts of the member state where any one of those defendants is domiciled, provided that the claims are so closely connected that it is expedient to hear and determine them together.

4. A consumer may sue the other party to a consumer contract (as defined) in the member state in which either of them is domiciled.

A solicitor can advise better, particularly in dealing with the consumer side. The writ is issued via the central authority depending on the relevant jurisdiction e.g., Master of The High Court or County Registrar etc.

I've only ever dealt with US service and sub service under Order 11.

Tom

Solas8

Hi
I am afraid I am lost in all that legal stuff. You all sound impressive but I am still at a loss.

I had dental work carried out in Hungary which was negligent. The dentist even found an eyelash in the cement used on my crown! I have written to a number of English speaking solicitors in Budapest but so far without success. Do you know of anyone I can contact here or there?
Please PM me if you can advise.
Thanks
K

Tom Young

Don't be at a loss - call your solicitor.

sh_o

I would agree with talk to your solicitor.... Bring all documents, booking forms contracts etc. You may have a cause of action in contract in this jurisdiction against an agent of the dentist if you did not book directly etc.
There are a few potential avenues on how you could sue, and more importantly if you are successful, how you would inforce any judgment.