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can you be sued for expenses (Legal & witness) in the small claims court

  • 02-03-2011 10:53pm
    #1
    eoinf
    Registered Users, Registered Users 2 Posts: 1,285 ✭✭✭


    someone threating to sue me for god knows what (no need to get into that here and i don't want any advice on that) but i am just wondering if they can lump in legal costs and their out of pocket or "witness costs"?

    the amount i could be sued for is relatively small , but god knows what they could claim if the other costs are included?

    Also how does this work if it was a criminal case rather than a case in the small claims court?

    Cheers

    EF


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Isnt the point of the small claims court to avoid legal costs?


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Order 53A rule 10 District Court Rules (Dealing with small claims)
    The claimant and the respondent shall be liable for their own legal costs and witnesses' expenses (if any) incurred in respect of any claim processed through the Small Claims Procedure.


  • #4
    eoinf
    Registered Users, Registered Users 2 Posts: 1,285 ✭✭✭eoinf


    and if the guards are involved i presume its a criminal case and not the small claims court?

    How are damages or expenses handled in this situation?


  • #5
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    It can be criminal and civil. Criminal proceedings must be completed first though. A judge may also decide to award some form of compensation to the victim of a crime. If this isn't sufficient the injured party may then proceed with a civil case.


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