New rules on small claims remit

Victor

http://www.irishtimes.com/newspaper/ireland/2010/0111/1224262051078.html

New rules on small claims remit

Minister for Justice, Equality and Law Reform Dermot Ahern has announced that he has introduced new court rules to extend the current remit of the small claims procedure to include certain business claims.

The new rules, which come into effect from today, will facilitate claims from a business against another business in respect of goods or services not exceeding €2,000.

dermot_sheehan

of course many businesses still will not be able to use the small claims procedure as an incorporated body (i.e. a limited company) must always be represented in court by a solicitor.

Still might be useful to some sole traders.

ACDC86

This will not preclude limited companies as once a Small Claim progresses from the Court Registrar negotiation period to a District Court hearing, the parties will be entitled (and in some cases, depending on Judge) expected to have legal representation.
The only hurdle that remains is the upper claim limit together with rules against awarding of costs, which preclude legal representation.

dermot_sheehan

But why would a limited company bother taking a small claims action and still have to engage a solicitor when by taking a normal district court action take can at least recover scaled costs. In a district court action by ordinary civil summons for a liquidated sum its possible to get judgment by lodging an affidavit, not possible in a small claims.

Why would a company take the small claims route when the only benefit is it is easier for non-legal professionals when it has to engage a solicitor anyway (butler v. Irish art)

shaneybaby

gabhain7 wrote: »

But why would a limited company bother taking a small claims action and still have to engage a solicitor when by taking a normal district court action take can at least recover scaled costs. In a district court action by ordinary civil summons for a liquidated sum its possible to get judgment by lodging an affidavit, not possible in a small claims.

Why would a company take the small claims route when the only benefit is it is easier for non-legal professionals when it has to engage a solicitor anyway (butler v. Irish art)

Gabhain7, you refer to a case Butler v irish art above. Just our of pure interest is that the full name. i'll look for it myself but all i get at the moment on Google is WB Yeats and Bailii etc aren't much better. Just looking for the legal basis for why a company has to employ a solicitor to deal with Court representation (i know all about SLP etc just have an interest in reading the above Judgment)
Thanks,
S

dermot_sheehan

Sorry it's Battle v. Irish Art [1968] IR 252