Defamation cases in the Circuit Court

Burgman

First, I am well aware of the saying that a person representing himself has a fool for a client. However, cost would be a concern in relation to possible proceedings and I would consider myself reasonably capable. So, a couple of questions.

1. Is it feasible for a lay litigant to bring a case for defamation in the Circuit Court? (Damages not required, a correction and apology would do.)

2. Is it permissable for an adult (lay, no legal qualification) to represent another adult (related but less able to present the case) in the Circuit Court?

I ask here because my guess is that a legal firm would answer no to both questions. We may end up not proceeding further but we are trying to weigh up all the various factors.

NoQuarter

Burgman wrote: »

First, I am well aware of the saying that a person representing himself has a fool for a client. However, cost would be a concern in relation to possible proceedings and I would consider myself reasonably capable. So, a couple of questions.

1. Is it feasible for a lay litigant to bring a case for defamation in the Circuit Court? (Damages not required, a correction and apology would do.)

2. Is it permissable for an adult (lay, no legal qualification) to represent another adult (related but less able to present the case) in the Circuit Court?

I ask here because my guess is that a legal firm would answer no to both questions. We may end up not proceeding further but we are trying to weigh up all the various factors.

My opinion on the answer to both questions is definitely not.

2 is not permissible and 1, well, youd be wasting your time if the other side was represented legally. You ARE entitle to represent yourself in the CC though.

Procrastastudy

1. Possible but very, very ill-advised.
2. Google McKenzie friends - not exactly what you are looking for but might suffice.

Engage a solicitor to do some saber rattling if its just an apology and correction you are looking for.

ResearchWill

Burgman wrote: »

First, I am well aware of the saying that a person representing himself has a fool for a client. However, cost would be a concern in relation to possible proceedings and I would consider myself reasonably capable. So, a couple of questions.

1. Is it feasible for a lay litigant to bring a case for defamation in the Circuit Court? (Damages not required, a correction and apology would do.)

2. Is it permissable for an adult (lay, no legal qualification) to represent another adult (related but less able to present the case) in the Circuit Court?

I ask here because my guess is that a legal firm would answer no to both questions. We may end up not proceeding further but we are trying to weigh up all the various factors.

I in no way mean to be smart but to even ask the questions you ask on a forum means you may be seriously out of your depth. Read the Act, find cases on point. The biggest issue will be drafting court documents, while courts will be give leeway there is only so far they can go.

1. Yes a very well educated person with plenty of time on their hands may be able to take a case. It would be important to understand the Act and the Rules of Court. (It would also be important to be able to divorce yourself from the personal, always hard to do when it's you or a close family member involved in litigation).

2. Some one else answered this question.

If all you want is an apology then the legal route is more than likely not the way to go, for the high end defamation I.e say a priest fathered a child on national TV then damages and apology are offered. In the more run of the mill cases it's usually here's 2k plus costs now bugger off. This area of law is fraught with difficulty made all the worse if you have a defendant with deep pockets who is happy to burry a lay litigant in discovery, replies to particulars and delaying tactics.

If the case is good any number of solicitors will do it no foal no fee.

NoQuarter

ResearchWill wrote: »

1. Yes a very well educated person with plenty of time on their hands may be able to take a case. It would be important to understand the Act and the Rules of Court. (It would also be important to be able to divorce yourself from the personal, always hard to do when it's you or a close family member involved in litigation).

The biggest problem I think a lay litigant would have is not knowing what argument goes at what stage of the proceedings ie, a lay litigant would probably would argue the merits of the case at the interlcutory stage.

OP consider getting the other sides costs awarded against you if you lose too!

Tom Young

The area of law OP requires assistance/advice on is technically complex. Even in relation to the relatively simple areas he/she seeks to deal with.

Personally, I'd refer to a case entitled Talbot v Hermitage on courts.ie to show what can go wrong.

Any defence lawyer versed in defamation would literally destroy a lay litigant in defamation proceedings unless they were extremely basic.

A lay litigant should also be aware that the costs of losing a Motion/action could result in a measured costs order in excess of €2000.00 plus VAT.

Burgman

Thank you all very much for the most helpful replies.

There seems to be a consensus so that will influence our actions. Maybe a solicitor's letter will extract the required apology but previous form suggests not.

Burgman

We ended up engaging a solicitor - good move. The matter went on until recently. The other side dragged their heels throughout. Without getting into too many details: the case was listed for hearing; the defendants were relying on qualified privilege; it was a risk for us, including financial; we settled the matter to our satisfaction just before the hearing.

It was clear from very early on that it would not have been possible to pursue this case as a lay litigant. As previous posters have said, the law and associated processes in this area are very complex. We were very happy with the representation that we had and we were very pleased with the outcome. What we did not expect was to have to deal with an opponent that did not act in logical ways on many occasions. Nevertheless, I think that they regretted their actions and defamatory statements by the end of the process.

Thanks again to those who posted here.