Experience of a Small Cllaims Court Claim going to court

_Whimsical_

I was wondering if anyone has experience of a SCC claim going all the way to court, particularly in the circumstance of the claim relating to a poorly carried out service.

Without going into too many details, we had electrical work done a while ago that has resulted in us only being able to use an essential service in our home under close supervision or else it would be unsafe. This work cost us just under 2000 euro. Every effort to resolve the situation amicably has been made but there's been no dice from the other party. We've had 2 other trades people examine the work done and both have immediately pointed out the same glaring large fault with it and said repair would cost around 1000.

Recently we've been considering the SCC as a last resort but I am worried that going there in the case of a service would be difficult. I presume I'd have to bring along an expert opinion with me to give evidence and on the citizens advice page I notice they say it might be advisable to get legal representation. It sounds like it could end up costing quite a bit.
Has anyone been through it and found it successful or have any advice?

Also I would like to get the fault fixed sooner rather than later because it is unsafe. If I did employ someone else to fix it would I need to get someone who would agree to possibly come to court and testify about it? How would I best document the fault for a court?

Our man in Havana

We can't offer legal advice here. You are best to ask a solicitor for advice.

If you use a solicitor in small claims you won't get your costs paid. Small claims is designed for people to resolve disputes without the need for solicitors.

_Whimsical_

I realize that. I'm not looking for legal advice, just personal experience or opinion of the SCC particularly in cases where a service is the subject of a claim.

I always thought it was a route that didn't require a solicitor too but as I said in my post it states in the citizens information pages on the issue that it maybe "advisable to get legal representation". I'm wondering if anyone here has found it necessary to do this.

Jo King

I saw a woman get her case thrown out of the Small Claims Court when the judge lost the rag with her after two questions from the barrister acting for the plumber she was trying to claim against. Most people in the Small Claims Court are not represented but some lay people make very basic mistakes. not knowing whether the business they are claiming from is a sole trader, a partnership or a limited company is a basic one. Legal representation can be expensive, although it is possible to have it done for about €300 if you are prepared to allow a very junior barrister deal with it.

_Whimsical_

Thank you Jo King.

That's the kind of information I was after really. I had always presumed that the SCC was a very simple procedure until I considered using it myself I can imagine that a lay person could be made mincemeat of by a barrister, both on the stand and because a lay persons preparation would not be on a par with that of a trained professional. It's more difficult to prove things with a trades person than with a retailer too I would imagine.

Maybe someone very junior could take it on considering it's a straight forward enough case of an essential aspect being side stepped in the work I had done.

If anyone has any other experiences I'd be interested to hear.

445279.ie

I wouldn't dream of bringing a barrister into court for a small claim :eek:

It's rare enough to see barristers in civil cases in the District Court and when there is Judge's hate to see it as they drag everything out too much

Solicitor at the very most. As discussed fix a price with a solicitor or failing that represent yourself

Good luck with it

Jo King

445279.ie wrote: »

I wouldn't dream of bringing a barrister into court for a small claim :eek:

It's rare enough to see barristers in civil cases in the District Court and when there is Judge's hate to see it as they drag everything out too much

Good luck with it

It happens every day in the Dublin District Court that barristers appear. The judges are well used to it. It costs less to get a junior barrister to do it. A solicitor can't afford to hang around all day on a fixed fee. The usual arrangement is that the solicitor agrees a fixed fee with a junior barrister and then the barrister goes alone to the small claims court. That way the barrister takes the risk that the case will be dealt with on the day or take all day to get on. Junior barristers starting off are willing to take their chances, solicitors are not, unless they are lunatics.

445279.ie

Jo King wrote: »

It happens every day in the Dublin District Court that barristers appear. The judges are well used to it. It costs less to get a junior barrister to do it. A solicitor can't afford to hang around all day on a fixed fee. The usual arrangement is that the solicitor agrees a fixed fee with a junior barrister and then the barrister goes alone to the small claims court. That way the barrister takes the risk that the case will be dealt with on the day or take all day to get on. Junior barristers starting off are willing to take their chances, solicitors are not, unless they are lunatics.

Not the way it's done "down the country" Jo

From my experience, District Court Judges hate to see barristers for any case

But I can see how it could work in Dublin where unfortunately juniors are falling over one another

Jo King

445279.ie wrote: »

From my experience, District Court Judges hate to see barristers for any case

But I can see how it could work in Dublin where unfortunately juniors are falling over one another

It does work in Dublin. Solicitors do a split fee deal with a junior barrister and get paid for effectively a watching brief.
I was in Cloverhill District Court a few years ago and there were 10 barristers to 1 solicitor.
Some judges who are in the same District always want the same solicitors in the court all the time. They train them to their own way of doing things so as judge they have less work to do themselves. The local solicitors will not judicially review them or look for cases to be stated.
I suspect the o/p is in Galway so will probably have to deal with Judge Mary Fahey. She doesn't get many barristers in her court right enough.

boAds_user

I had a the case of representing myself for family law case and came up against a Barrister in District Court who did not have a solicitor present... Didn't think this was allowed.... but never mentioned it... on the day but might next time...

McCrack

boAds_user wrote: »

I had a the case of representing myself for family law case and came up against a Barrister in District Court who did not have a solicitor present... Didn't think this was allowed.... but never mentioned it... on the day but might next time...

It's allowed.

Jo King

THE HIGH Court has clarified that barristers have the right of audience in District Court cases where instructed but not attended by a solicitor.

The clarification was stated in a judgment of Mr Justice John Hedigan who held that a man remanded in custody had been unlawfully detained after District Court Judge Patricia McNamara refused to hear an application for bail because his barrister was not attended by a solicitor.


http://www.irishtimes.com/newspaper/ireland/2010/0525/1224271089003.html