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Will a judgement be granted if a lesser amount owed?

  • 28-06-2013 6:00pm
    #1
    johneym
    Site Banned Posts: 344 ✭✭


    hi Folks,

    just a question on court procedure if anyone knows.

    A person defends a judgement with the result of the judge being that a much lesser amount is owed and not the amount sought for the judgement.
    In this case, is a judgement then granted for the lesser amount, or, is no judgement granted at all?

    Many thanks

    John


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    It happens that Judges can make awards of damages which are less than the amounts claimed by Plaintiffs.


  • #3
    Bluegrass1
    Banned (with Prison Access) Posts: 97 ✭✭Bluegrass1


    johneym wrote: »
    hi Folks,

    just a question on court procedure if anyone knows.

    A person defends a judgement with the result of the judge being that a much lesser amount is owed and not the amount sought for the judgement.
    In this case, is a judgement then granted for the lesser amount, or, is no judgement granted at all?

    Many thanks

    John

    It often happens. Some defendants pay what they think they owe into court and if they are right there are no costs against them after the point the money was paid in.


  • #4
    Bluegrass1
    Banned (with Prison Access) Posts: 97 ✭✭Bluegrass1


    The Mustard wrote: »
    It happens that Judges can make awards of damages which are less than the amounts claimed by Plaintiffs.

    Awards in liquidated sum cases are not damages.


  • #5
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Bluegrass1 wrote: »
    Awards in liquidated sum cases are not damages.

    Liquidated damages can be awarded in breach of contract cases.

    What's your point?


  • #6
    Bluegrass1
    Banned (with Prison Access) Posts: 97 ✭✭Bluegrass1


    The Mustard wrote: »
    Liquidated damages can be awarded in breach of contract cases.

    What's your point?

    "liquidated damages"? That's a new one.


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  • #7
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    http://www.bailii.org/ie/cases/IEHC/1991/1.html


  • #8
    The_Minister
    Registered Users, Registered Users 2 Posts: 10,255 ✭✭✭✭The_Minister


    It happens frequently in summary judgement cases that judgement is granted in part and the balance remitted to plenary hearing.


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